بغیر اجازت کی دوسری شادی کرنے کے الزام میں ملزم کو مقررہ جرمانہ میں کوی رعایت نہیں دی جاسکتی، جب کہ قید میں کمی کی جاسکتی ہے۔۔۔

P L D 2021 Lahore 768

Muslim Family Laws Ordinance (VIII of 1961)---

----S. 6(5)(b) [as amended by Punjab Muslim Family Laws (Amendment) Act (XIII of 2015)]---Second marriage contracted by husband without permission of first wife---Fine, reduction in---Scope---Sessions Court reduced the imprisonment of accused/petitioner (husband) to that of already undergone, however, maintained sentence of fine of Rs. 5,00,000/- passed by the Judicial Magistrate---Question was whether the sentence of fine imposed against the petitioner could be reduced in consideration of the circumstances weighed by Appellate Court while reducing the quantum of sentence of imprisonment---Held, that sentence of fine stipulated in S.6(5)(b) of Muslim Family Laws Ordinance, 1961, was amended by the Legislature, through Punjab Muslim Family Laws (Amendment) Act, 2015 by substituting, "or with fine which may extend to five thousand rupees, or with both" with "and with fine of five hundred thousand rupees"---Legislature had thus withdrawn the discretion of Court with regard to quantum of fine itself, which transpired its intention---Imposition of fine of Rs. 5,00,000/- to a convict under S. 6(5)(b) of Punjab Muslim Family Laws (Amendment) Act, 2015, was mandatory---Though discretion with regard to the quantum of sentence of imprisonment was provided, yet no such space was given in case of sentence of fine---No illegality, jurisdictional error or impropriety was found in the judgments passed by the Courts below with regard to the question of law involved---Criminal revision was dismissed, in circumstances.