ORDER SHEET IN THE HIGH COURT OF SINDH AT KARACHI

Constitutional Petition No. S-761 of 2016

                                                                                                                                                            Date                             Order with Signature of the Judge                                                           

 

Fresh case.

1.For orders on CMA No.3532/2016.

2.For hearing of main case.

{Attention is respectfully invited to the order of Hon'ble Chief Justice dated 04.5.2016 as at flag ‘A’}

 

 

1st June, 2016.

None present for the petitioner.

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Syed Muhammad Farooq Shah, J.:- Through this Constitutional Petition, the petitioner has made a prayer to provide her protection and do not register fake criminal cases against her and her family members. Petitioners have also made a prayer for legal action agsint respondent Nos. 7 to 14.

 

2.       Averments of the petition reveals that petitioners have contracted marriage inter se but since the marriage was not solemnized with the consent of their parents/elders, they were declared KAROKARI. Copies of Nikahnama, Affidavit of freewill and legal notices issued to respondent Nos. 3, 5 and 7 are annexed with the instant petition.  

 

3.       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.

 

4.       Though the petitioners are not in attendance, in the larger interest of justice and keeping in view the legal sanctity attached to the marriage of petitioners, 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.5, 7 and S.S.P. Malir 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