Complaint Under Section 6 (5) of Muslim Family Laws Ordinance 1961. How do draft complaints about polygamy? What are the ingredients of complaint U/S 6(5) of the Muslim Family Laws Ordinance? The sample is given below, please make necessary amendments as per the facts of the case.

Complaint Under Section 6 (5) of Muslim Family Laws

PURPOSE OF COMPLAINT UNDER SECTION 6 (5) OF MUSLIM FAMILY LAWS ORDINANCE 1961: To lodge a complaint against the husband by a Muslim wife upon second which was contracted without the permission of existing wife/wives.

IN THE COURT OF AREA MAGISTRATE MAGISTRATE P.S. (name of police station and district)

In the matter of:

(Full name, parentage, and address of complainant/wife)

…Complainant

Versus

(Full name, parentage, and address of respondent/husband)

…Respondent

COMPLAINT UNDER SECTION 6 (5) OF MUSLIM FAMILY LAWS ORDINANCE 1961

Respectfully Sheweth,

1.               That the complainant is the wife of the respondent and marriage was solemnized about 30 years ago in accordance with Muslim Rites and Ceremonies.

2.        That on 01-11-2005, respondent solemnized his second marriage with (name of the second wife) without prior permission and intimation of the complainant and Arbitration Council concerned.

3.     That respondent contacted the second marriage during the subsistence of his first marriage, hence he is liable to be prosecuted Under Section 6 (5) of Muslim Family Laws Ordinance 1961.

4.             That two years ago, the respondent expelled the complainant from his house situated at Rawalpindi and civil litigation about a property is pending in the Learned Civil Judge.

5.       That the necessary ingredients to constitute an offense Under Section 6 (5) of the Ordinance are

i. A previous marriage and an existing wife,

(ii) absence of requisite permission from Arbitration Council for taking the additional wife and

(iii). Celebration of marriage in violation of Section 6 of the Ordinance and in the present case attracts all the necessary ingredients for the complaint.

6.                 That the complainant being the aggrieved party within the meaning of Rule 21 is legally entitled to institute proceedings before the criminal Court against the husband Under Section 6 (5).

7.           That no doubt predominance of a Muslim Husband in matrimonial matters recognized yet that in no way meant that the husband enjoyed unfettered rights. Muslim Family Law Ordinance lay down some conditions, which if not fulfilled, the husband would be liable to be prosecuted.

In the light of circumstances, referred supra, it is, therefore, most humbly prayed that complaint Under Section 6 (5) of Muslim Family Law Ordinance 1961 may please be accepted and the respondent may kindly be punished for the offense of Polygamy in the interest of justice.

Complainant

Through

(Counsel)

Note:

1.                  Attach an affidavit in support of the complaint

2.                  Attached copy of Nikahnama/marriage certificate of husband and second wife.

3.                  Attach a copy of Nikahnama ourselves)

4.                  Wakalatnama and other relevant documents etc