Constitution Petition No.S-881 of 2016
Date Order
with Signature of the Judge
Fresh Case.
1.For orders on CMA No.4046/2016.
2.For orders on CMA No.4047/2016.
3.For hearing of main case.
25th
May, 2016.
Mr. Jan Muhammad Naich, Advocate
a/w petitioners.
>>>>>> <<<<<<
1. Urgent
motion is accorded.
2. Exempted
subject to all just exceptions.
3&4. Petitioner No.2, present in court alongwith her
counsel, says that being sui juris by exercising her right of free will without any coercion or force, she had
contracted marriage with petitioner No.1 without consent of her parents. Copies
of Nikahnama and Affidavit of freewill sworn by her
have also been annexed with the instant petition. Petitioner No.2 further submits
that after marriage, she is now living with her husband happily and performing
her marital obligations. Learned counsel for petitioners submits that being
antagonized upon marriage of petitioners, relatives of petitioner No.2 are
causing threats to the petitioners and bent upon to cause murder on the pretext
of honour killing or ‘KAROKARI’, therefore,
she approached this Court for necessary protection of life, honour and
property.
To marry is a right guaranteed under Article 35 of
the Constitution of Pakistan and in the circumstances when the couple
contracted marriage with their consent and freewill but without consent of
their elders, it shall be very unsafe to call the married couple again and
again in court.
Under Article 29 of the Constitution it is not
only the various organs of the State but persons performing functions in
various organs of the State have also to perform their duties in the manner
that promotes the principles of policy under Chapter 2, Part II of the
Constitution, which includes Article 35. The Police Department is an organ and
authority of the State and it is the duty of the functionaries of the Police
Department to see that they act in a manner which advances the dictates of the
Constitution and not in a manner that will negate the Will of the Constitution
givers. In respect of a bona fide marriage validly contracted and in
consequence whereof the spouses are living together, the police or for that
matter any other functionary of the State has no right to disturb the marital
life of the couple. If a complaint is made to the police then, in given
circumstances, the police can and should ascertain whether a valid marriage has
taken place or not. Once the police officials come to know that a valid
marriage has taken place, then brushing aside any other social consideration,
they must not act to disrupt or otherwise interfere in the marital life of the
spouses as held in the case of MST. SAJIDA
BIBI AND OTHER V/S INCHARGE CHOUKI NO.2 POLICE STATION SADDAR, SAHIWAL (PLD 1997 Lahore 666).
In view of whatever discussed above, the instant
petition stands disposed of with directions to official respondents to conduct
themselves strictly in accordance with law and provide necessary legal
protection to petitioners in the manner that no one shall cause them harassment.
Let copy of this order be facsimiled to respondent No.2 and S.S.P.
Karachi-Central with directions to provide necessary legal protection to the
petitioners in the manner that they may not be harassed by the private
respondents or anyone else acting on their behalf.
Aamir/PS J U D G E