MUHAMMAD NAZEER vs ADDITIONAL DISTRICT JUDGE, SIALKOT S — 2023 YLR 2140 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 2140 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: MUHAMMAD NAZEER vs ADDITIONAL DISTRICT JUDGE, SIALKOT S
Subject matter: Family
Provisions referred to: S. 6---Q; S. 6; S. 8; S. 9; S. 10; S. 11; Oaths Act (X of 1873); Muslim Family Laws Ordinance; Oaths Act

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

MUHAMMAD NAZEER VS ADDITIONAL DISTRICT JUDGE, SIALKOT S. 6---Qanun-e-Shahadat (10 of 1984), Art. 163---Oaths Act (X of 1873), Ss. 8, 9, 10 & 11---Polygamy---Acceptance or denial of claim on oath---Scope---Respondent (wife) moved a complaint against the petitioner (husband) under S. 6(5) of the Muslim Family Laws Ordinance, 1961, for contracting second marriage without permission of the Arbitration Council---During the course of cross-examination upon the respondent, a question regarding birthplaces of her elder children was put to her, in response to which she offered if the petitioner took oath on Holy Quran that the two children were born at his house, she would withdraw the complaint, which was accepted by the petitioner---However, the Family Court observed that oath on Holy Quran was not applicable in criminal proceedings---Petitioner filed an appeal before the Sessions Judge, which was dismissed---Validity---Article 163 of the Qanun-e-Shahadat, 1984, governs acceptance or denial of claim on oath, application whereof to laws relating to criminal proceedings has expressly been excluded under clause (3)---Additionally, S. 8 of the Oaths Act, 1873, specifies the power of Court to tender certain oaths and S. 9 of the Oaths Act, 1873, embodies discretionary power of the Court to ask party or witness whether he will make oath proposed by the opposite party, while S. 10 outlines the administration of oath if accepted and S. 11 outlines the status of the evidence so given to be conclusive proof of the matter as against the person who offered to be bound as above---Provisions of Ss. 8 to 11 of the Oaths Act, 1873, are not applicable to criminal proceedings---No illegality or jurisdictional error was found in the impugned orders---Constitutional petition was dismissed.

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