ANWAR HUSSAIN vs State S — 2021 PLD 768 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2021 PLD 768 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2021
Reporter: PLD
Parties: ANWAR HUSSAIN vs State S
Subject matter: Criminal
Provisions referred to: S. 6; Muslim Family Laws Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ANWAR HUSSAIN VS State 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to five thousand rupees, or with both" with "and with fine of five hundred thousand rupees"---Legislature had thus withdrawn the discretion of Court with regard to quantum of fine itself, which transpired its intention---Imposition of fine of Rs. 5,00,000/- to a convict under S.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.

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