Muhammad Akhtar Shah vs Judge Family Court, Kot Addu S — 2025 MLD 114 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 MLD 114 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: MLD
Parties: Muhammad Akhtar Shah vs Judge Family Court, Kot Addu S
Subject matter: Criminal
Provisions referred to: S. 5---F; S. 5; S. 365-B; Family Courts Act (XXXV of 1964); Penal Code

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 Akhtar Shah VS Judge Family Court, Kot Addu S.5---Family Courts Act (XXXV of 1964), S. 5, Sched.---Suit for jactitation of marriage instituted by lady---Execution of valid Nikah Nama---Failure to prove---Nikah Khawan/Nikah Registrar, testimony of---Scope and effect---Family Court decreed the suit against the petitioner declaring alleged Nikah void and the same (finding) was affirmed by the Appellate Court---Assertion of the petitioner was that Nikah Khawan, appeared before the criminal court, in relevant criminal case( FIR under S.365-B of Penal Code 1860), and affirmed solemnization of Sharai Nikah between petitioner and lady (plaintiff / respondent)---Validity---Insisting of the petitioner on the statement of Nikah Khwan in criminal case had no evidentiary value, which piece of evidence was otherwise inadmissible, for failing to undergo test of confrontation---Nikah Khawan/Nikah Registrar appeared as one of the witnesses of lady /plaintiff, and he was never confronted with alleged statement before criminal court, alleging solemnizing of Sharai Nikah---Nikah Khawan otherwise testified against petitioner---Statement, not confronted to the witness, had no evidentiary value, besides otherwise attracting inadmissibility---Constitutional petition, being merit-less, was dismissed, in circumstances.

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