Muhammad Waqas Gill vs Riffat Awan S — 2025 MLD 385 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 MLD 385 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: MLD
Parties: Muhammad Waqas Gill vs Riffat Awan S
Subject matter: Criminal
Provisions referred to: S. 6; S. 20; Family Courts Act (XXXV of 1964); Family Courts 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 Waqas Gill VS Riffat Awan S. 6(5)(b) [as amended by Punjab Muslim Family Laws (Amendment) Act (XIII of 2015)]---Family Courts Act (XXXV of 1964), S. 20(3)---Second marriage contracted by husband without permission of first wife---Appreciation of evidence---Jurisdiction of the Court---Perusal of subsection (3) of the S.20 of the Family Courts Act, 1964, showed that only a Family Court could take cognizance of the offence on the complaint of the Union Council, Arbitration Council or an aggrieved party and obviously the respondent (first wife) was the aggrieved party---However, on going through the judgment rendered by Trial Court, it was straightway noted that in the head-note it was written "IN THE COURT OF MAGISTRATE SEC: 30, and even in the whole proceeding, including the evidence and the interim order-sheet, there was no affixation of any stamp of a Judge Family Court---Only the Family Courts were given the exclusive jurisdiction to entertain the issue and adjudicate upon the matters specified in [Part-1 of the Schedule], so, the conducting of the trial by the Judicial Magistrate was certainly coram non-judice and a nullity---Appeal against conviction was allowed, in circumstances.

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