2021 CLC 1761
ISLAMABADBookmark this Case
Mst. SHAGZANA WALAYAT VS Mst. SHABANAM TABASSUM
Ss.10 & 18---christian marriage Act (XV of 1872), S.4---Divorce, proof of---Jirga decision---Scope---Respondent-plaintiff claimed pensionary benefits of her deceased husband and alleged that appellant-defendant was not legally wedded wife of deceased---Validity---To support validity of her marriage with deceased, appellant-defendant relied on hand written note of Jirga according to which deceased and respondent-plaintiff amicably agreed to declare divorce between themselves in presence of witnesses in Jirga---Law of divorce relating to christian marriages did not grant or authorized any individual or any Jirga to pronounce divorce between husband and wife and grant permission for second marriage without following mandates of christian marriage Act, 1872---Divorce deed relied upon by appellant-defendant issued by Jirga was illegal and unlawful document having no legal sanctity---Second marriage preformed between deceased and appellant-defendant during subsistence of first marriage was rightly declared null and void by Trial Court---christian religion strictly prohibits second marriage while the first marriage is intact--- High Court maintained judgment and decree passed by Trial Court---Appeal was dismissed, in circumstances.
0 comments:
Post a Comment