FAHEEMUDDINPetitioncr vs SABEEHA BEGUM and another
This matter arises from a petition for leave to appeal directed against an order of the Lahore High Court dismissing in limine a petition under Section 561-A of the Code of Criminal Procedure 1898 for the quashment of criminal proceedings. The petitioner, a previously married man, contracted a second marriage without obtaining prior permission from the Arbitration Council under the Muslim Family Laws Ordinance 1961. The second wife subsequently filed a criminal complaint against him before the Ilaqa Magistrate for offences including violation of Section 6 of the Muslim Family Laws Ordinance 1961. The core legal question examined is whether a second wife has the locus standi as an aggrieved person to file a complaint under Section 6 of the said Ordinance, given the contention that the provision is intended to protect the rights of the first wife. The Supreme Court granted leave to appeal to consider this question of first impression and ordered the suspension of further trial proceedings meanwhile.
- Whether a second wife has the locus standi to file a complaint under Section 6 of the Muslim Family Laws Ordinance 1961 against her husband for contracting a second marriage without permission?
- Does Section 6 of the Muslim Family Laws Ordinance 1961 intend to protect the rights of the first wife exclusively or does it extend to subsequent wives?
- Can criminal proceedings initiated by a second wife for unauthorized polygamy be quashed under Section 561-A of the Code of Criminal Procedure 1898?
- Section 6, Muslim Family Laws Ordinance 1961
- Section 561-A, Code of Criminal Procedure 1898
ORDER
1. ' NASIM HASAN SHAH, J.---The petitioner, who was already a married person, entered into a second marriage but without obtaining the permission from the Arbitration Council of the Local Council concerned. Sometime later, the second wife filed a complaint before the Ilaqa Magistrate alleging that the petitioner had not only defrauded her, by not disclosing that he was an already married person, but had also committed an offence under section 6 of the Muslim Family Laws Ordinance, 1961 by marrying again without the permission of the Arbitration Council.
2. ' The Ilaqa Magistrate finding prima facie that an offence under section 6 of the Muslim Family Laws Ordinance 1961 had been committed by the accused ordered that he be summoned to stand trial.
3. The petitioner filed a petition under section 561-A, Cr.P.C. For quashment of the proceedings before the Ilaqa Magistrate but the said petition was dismissed in limine by a learned Single Judge of the Lahore High Court. Hence this petition for leave to appeal.
4. In support of this petition, it is inter alia contended that the second wife has no locus standi to file a complaint for the alleged offence by the husband of polygamy inasmuch as she is not an aggrieved person within the meaning of section 6 of the Muslim Family Laws Ordinance because the said provision is intended for the protection of the rights of the first wife rather than that of the subsequent wife.
5. ' The question arising is one of first impression and requires further consideration. .
6. ' Further proceedings before the trial Magistrate shall remain suspended meanwhile. But the appeal shall he made ready expeditiously and put up for hearing at a very early date.