2024 CLC 1170
WP 97-24
SONIA SHARIEF VS ADJ ETC
Mr. Justice Mirza Viqas Rauf
Section 6 of the "Ordinance, 1961" places a restriction on the second marriage of husband unless he obtains prior permission in writing of the Arbitration Council. Sub-section 5 of section 6 of the "Ordinance, 1961" provides consequences of contracting second marriage by a man without permission of Arbitration Council, one of which is that he has to face prosecution in complaint and if it is proved that he contracted second marriage without permission of the Arbitration Council, he shall be liable to be convicted and punishable with the simple imprisonment which may extend to one year and with fine of five hundred thousand rupees. The petitioner being wife of "respondent" lodged a complaint under section 6 of the "Ordinance, 1961" before the Senior Civil Judge (Family Division), Tehsil Sarai Alambir, District Gujrat through her special attorney Naveed Hanif s/o Muhammad Hanif, which was dismissed being not proceedable through attorney. "Ordinance, 1961" does not prescribe any procedure for the trial of the complaint, however, the Rules under the "Ordinance, 1961" (hereinafter referred to as "Rules, 1961") framed under section 11 pave way for the trial of offences under the "Ordinance, 1961". Needless to mention here that Rule 21 of the "Rules, 1961" ordains that no Court shall take cognizance of any offence under the Ordinance or these rules save on a complaint in writing by the Union Council, stating the fact constituting the offence. It would not be out of context to mention here that Rule 21 was later on reconstituted by the orders of the Governor of Punjab in exercise of powers conferred upon him by section 11 of the "Ordinance, 1961" through S.O X-1-15/75-Vol.II published in Gazette of Punjab, Extraordinary, 14th October, 1976 and words "aggrieved party" were inserted in place of "Union Council
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