1. The facts leading to the filing of this petition for quashment are that respondent No.2, Mst. Taskeen Azra, had filed a complaint under section 6(5) of Muslim Family Laws Ordinance, 1961, against Syed Liaquat Ali Naqvi, her husband with the allegation that without prior permission of the complainant he had contracted marriage with Mst. Qasada Masooma. After recording of the preliminary evidence the learned Magistrate issued process to her husband as well as against the respondents.
2. Learned counsel for the petitioners at the very outset submits that the occurrence on 23rd March had taken place at Lahore, therefore, the learned Magistrate at Sheikhupura did not have the jurisdiction to entertain the complaint. Argues that petitioners were neither party to the marriage nor they could be tried for having abetted the offence because the provision of Pakistan Penal Code could not be applied to the provision of Muslim Family Laws Ordinance, 1961.
3. I have heard the learned counsel at length. Admittedly the accused in the complaint case had contracted marriage at Lahore. No overt act qua any of the petitioners is alleged. There is no evidence of abetment. The provision of section 109, P.P.C. Cannot be attracted to special laws, therefore, relying upon Ahmad Ullah and another v. The Cantonment Board Lahore Cantonment and another PLD 1968 Lah. 703, I accept the petition and set aside the order impugned. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.