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YASIR MANZOOR AMIN vs Dr — 2025 MLD 479 PESHAWAR-HIGH-COURT

Case information

Citation
2025 MLD 479 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2025
Reporter
MLD
Parties
YASIR MANZOOR AMIN vs Dr
Subject matter
Civil
Provisions referred to
S. 6; S. 2; S. 13; Muslim Family Laws Ordinance (VIII of 1961); Muslim Marriages 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

YASIR MANZOOR AMIN VS Dr. MEHREEN IQBAL S.6a---effect of repeal of law---Principle----When any amending act, whereby the text of Central act or Regulation was amended, is repealed, then unless a different intention appears, such repeal is not to affect continuance of any such amendment made by them (amending enactment) so repealed---Effect of S.6a of General Clauses act, 1897, is, that if it was in the text of any act or Regulation it was to continue, notwithstanding the repeal of amending act/Ordinance. Citation Name: 2025 MLD 479 PESHAWAR-HIGH-COURTBookmark this Case YASIR MANZOOR AMIN VS Dr. MEHREEN IQBAL S.2(ii-a) [as inserted by Muslim Family Laws Ordinance (VIII of 1961), S.13]---Federal Laws (Revision and Declaration) Ordinance (XXVII of 1981), Ss.2, 3 & 7---Constitution of Pakistan, Art. 199---Constitution petition---Repeal of amending law---Dissolution of marriage---Second marriage of husband---Petitioner/husband assailed judgment and decree dissolving marriage on the ground of second marriage by him---Validity--Where provision of S.2(ii-a) in Dissolution of Muslim Marriages Act, 1939 was inserted through Muslim Family Laws Ordinance (VIII of 1961), then repeal of Federal Laws (Revision and Declaration) Ordinance (XXVII of 1981) caused no harm or had not affected operation of S.2(ii-a) of Dissolution of Muslim Marriages Act, 1939, when it had already become part of statute book---Repeal of such Act was an exercise synonymous with spring-cleaning dead leaves---Such exercise was taken by the Legislature periodically---Provision of S.2(ii-a) of Dissolution of Muslim Marriages Act, 1939 was part of Statute and was a valid ground for a wife to seek dissolution of marriage---High Court declined to interfere in judgment and decree passed in favour of respondent/wife---Constitutional petition was dismissed in circumstances.

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