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MST. NISA BEGUM versus STATE


Section 10/16 of the Conventional Code (XLV of 1860), Section 109, both male and female defendants claimed that the female accused had been complained to another brother in marriage. The nephew says the other person complained to the complainant / female accused's brother, the other person said in response, the woman expelled the accused from her home and then later divorced her on the complainant. Who was the brother of the married sister of the male accused and in return the complainant married the female accused to the male accused. Both defendants claimed that they were living a peaceful marriage, but due to some internal dispute, the complainant, on the immediate occasion of the father of both the complainant and the woman accused, had arrested the accused allegedly involved in the present case. In view of the fact that the accused's claim was genuine and understandable that the marriages between the families of the parties were generally arranged, both men and women accused of intermarriage said that they had married each other and This claim is not merely an excuse, unless there is a credible and reliable material available to disprove their claim. Being genuine and unfounded, they had the benefit of the doubt, in the present case the right circumstances were available to prove that the accused had married each other, there was no question of adultery or adultery, Under Section 10 or 16, the conviction of the accused (Enforcement Hood), 1979, could not be sustained and the accused was convicted by the trial court and acquitted of the charges.

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