Complaint of Bigamy without Council Permission

IN THE COURT OF THE LEARNED MAGISTRATE/FAMILY COURT, district

CRIMINAL COMPLAINT FOR BIGAMY UNDER SECTION 6(5), MUSLIM FAMILY LAWS ORDINANCE 1961

Complainant: complainant_name, complainant_cnic, complainant_address Accused: accused_name, accused_cnic, accused_address

COMPLAINT AGAINST accused_name FOR CONTRACTION OF BIGAMOUS MARRIAGE WITHOUT PERMISSION OF ARBITRATION COUNCIL

1. I, complainant_name, holder of CNIC No. complainant_cnic, resident of complainant_address, being the aggrieved wife of accused_name, hereby lodge this criminal complaint against him for the offense of bigamy under Section 6(5) of the Muslim Family Laws Ordinance 1961. 2. PARTICULARS OF FIRST MARRIAGE: I was married to the accused, accused_name, holder of CNIC No. accused_cnic, resident of accused_address, on first_nikah_date. The nikah was solemnized at first_nikah_place and registered with the Nikah Registrar, first_nikah_union_council, under Registration No. first_nikah_registration. 3. NO PERMISSION GRANTED: At no time was permission sought from the Arbitration Council for a second marriage by the accused. No application under Section 6 of the Muslim Family Laws Ordinance 1961 was ever made by the accused, nor was any written permission granted by the Arbitration Council authorizing a second marriage. 4. SECOND MARRIAGE WITHOUT PERMISSION: In violation of Section 6 of the Muslim Family Laws Ordinance 1961, the accused subsequently contracted a second marriage with second_wife_name, holder of CNIC No. second_wife_cnic, on second_nikah_date at second_nikah_place. This second marriage was registered by the Nikah Registrar, second_nikah_union_council, under Registration No. second_nikah_registration without any authorization from the Arbitration Council. 5. COMMISSION OF OFFENSE: By contracting the aforesaid second marriage without prior written permission from the Arbitration Council, the accused has committed an offense under Section 6(5) of the Muslim Family Laws Ordinance 1961, which provides that any man who contracts a marriage in violation of the provisions of Section 6 shall be punishable with simple imprisonment up to one year and/or with fine up to fine_amount. 6. KNOWLEDGE OF FIRST MARRIAGE: The accused was and remains fully aware of the subsistence of his first marriage with me. He made no effort to obtain permission from the Arbitration Council as required by law. 7. PREJUDICE TO COMPLAINANT: The bigamous conduct of the accused has caused immense personal, emotional, and financial hardship to me and our children. My marital and inheritance rights have been jeopardized by this unlawful act. 8. EVIDENCE IN SUPPORT: The following documents constitute evidence of the offense: a) Original Nikah Nama (Form II) of first marriage (Registration No. first_nikah_registration) b) Original Nikah Nama (Form II) of second marriage (Registration No. second_nikah_registration) c) Certificate from Arbitration Council confirming no permission was granted d) Affidavit of witness_1_name e) Affidavit of witness_2_name 9. The accused is currently residing at accused_address and is available for service of summons. 10. This complaint is filed in good faith, based on authentic documentary evidence, and I am prepared to testify on oath regarding all facts stated herein.

WHEREFORE, I respectfully pray that this Honourable Court may be pleased to: (1) Taken cognizance of the offense of bigamy committed by the accused under Section 6(5) of the Muslim Family Laws Ordinance 1961; (2) Issue summons to the accused to appear before this Court; (3) Conduct trial in accordance with the Code of Criminal Procedure 1898; (4) Convict the accused and award punishment as prescribed under Section 6(5) of the Muslim Family Laws Ordinance 1961; (5) Direct that the second marriage be declared null and void; and (6) Award such other relief and compensation as this Honourable Court deems fit and proper.

2. That the Complainant is the lawfully wedded first wife of the accused husband and the offence under Section 6(5) MFLO 1961 is cognizable on her complaint, the Complainant being directly aggrieved by the contracting of the second marriage without her knowledge or the prior written permission of the Arbitration Council.

3. That the documentary evidence of the unauthorised second marriage, including the registered Nikahnama, photographs, witness statements, and certificates from the Arbitration Council confirming that no permission was granted, are annexed in support of this complaint.

4. That this Honourable Court has jurisdiction to entertain the present complaint, and the complaint is filed within the period of limitation under Section 468 of the Code of Criminal Procedure 1898 read with Section 6(5) MFLO 1961.

PRAYER

It is, therefore, most respectfully prayed that may be pleased to:

(a) Take cognisance of the present complaint under Section 6(5) of the Muslim Family Laws Ordinance 1961 read with Section 200 of the Code of Criminal Procedure 1898;

(b) Issue process to the accused husband to face trial for the offence of contracting a second marriage during the subsistence of an existing marriage without prior written permission of the Arbitration Council;

(c) Convict the accused under Section 6(5) MFLO 1961 and sentence him to simple imprisonment up to one year and / or fine;

(d) Award immediate payment to the complainant of the entire amount of dower whether prompt or deferred, that may have remained unpaid;

(e) Award costs of the proceedings to the complainant; and

(f) Pass any other or further order that this Honourable Court may consider just and proper in the circumstances.

I, complainant_name, solemnly affirm on oath that the facts stated in this complaint are true to the best of my knowledge and belief. I further declare that this complaint is filed for the purpose of bringing a criminal offender to justice and not for any collateral purpose.

Deponent (Complainant) complainant_name complainant_cnic complainant_address Signature: _______________ Date: filing_date