Citation Name: 2023 MLD 2016 LAHORE-HIGH-COURT-LAHOREBookmark this Case MEHR SHAUKAT vs EX-OFFICIO JUSTICE OF PEACE/ASJ Rr — 2023 MLD 2016 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 MLD 2016 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: MLD
Parties: Citation Name: 2023 MLD 2016 LAHORE-HIGH-COURT-LAHOREBookmark this Case MEHR SHAUKAT vs EX-OFFICIO JUSTICE OF PEACE/ASJ Rr
Subject matter: Criminal
Provisions referred to: Criminal Procedure Code (V of 1898)

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

Citation Name: 2023 MLD 2016 LAHORE-HIGH-COURT-LAHOREBookmark this Case MEHR SHAUKAT VS EX-OFFICIO JUSTICE OF PEACE/ASJ Rr. 8 & 10, Form-II, Column 21-a---Criminal Procedure Code (V of 1898), Ss. 22-a & 22-B---Mis-statement in Nikahnama---Petitioner sought registration of criminal case against respondent who was her husband---Contention of petitioner was that at the time of Nikah, respondent posed and mentioned himself as bachelor in Nikahnama though he was already married and had divorced his first wife and such fact was not mentioned in Nikahnama--- Ex-officio Justice of Peace dismissed application under Ss. 22-a, 22-B, Cr.P.C. filed by petitioner---Validity---In year 2017 when marriage was contracted, Nikahnama Form which was used, required bridegroom to expressly mention that either he was widower or divorcee---Nikahnama Form which was used did not contain the column to expressly mention such fact--- If Nikah Registrar did not incorporate contract of Nikah of the parties on appropriate and amended Form then it was no fault on the part of bridegroom---For the purpose of invoking criminal law, benefit of each and every doubt at each and every stage was to go to accused/proposed accused---It was not the case of petitioner that Form of Nikahnama used was due to any act or omission of respondent---Nikahnama Form in question did not contain any column which expressly required mentioning that either bridegroom/respondent was widower or divorcee, thus, respondent could not be burdened with any criminal liability---High Court declined to interfere in the order passed by Ex-officio Justice of Peace---Constitutional petition was dismissed, in circumstances.

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