C.P.No.S-2972 of 2015

For Katcha Peshi

08.09.2015

Mr. Qurban Ali Shar Advocate along with petitioners.

Mrs. Yasmeen Chachar Advocate for respondents 5 to 12.

Mr. Shaharyar Awan, Assistant Advocate General.

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Mst. Shakila Bibi has been produced by the Darul Aman authorities and when enquired as to whether she wants to go with her parents or to join her husband namely Aijaz Ali, she has categorically stated that she does not want to go with her parents and wants to live with her husband Aijaz Ali and has also requested that protection may be provided as there is threat to her life at the hands of her parents and relatives as well as the previous husband namely Iqbal s/o Ali Nawaz. It will be advantageous to reproduce the orders passed in the instant matter on 21.08.2015 and 04.09.2015, which read as follows:

“21-08-2015.

It is inter-alia contended that learned counsel for the petitioner that petitioner Mst. Shakeela Bibi daughter of Imdad Ali being sui juris has contracted marriage out of her free will and without any pressure or coercion with Aijaz Ali son of Nazeer Ahmed after divorce by her previous husband Iqbal which has antagonized her relatives whereas, her ex-husband Iqbal and other relatives are causing harassment and police has conducted raid at the house of petitioners. The petitioner present in court verifies such contention and pray for protection.

Let notice be issued to the respondents as well as Addl. A.G for 04.9.2015. In the meanwhile, official respondents are directed to ensure that no harassment shall be caused to the petitioners in respect of their marriage whereas; protection may be provided in accordance with law. It is clarified that if, any F.I.R regarding abduction of Mst. Shakeela Bibi is registered no one nominated in such F.I.R be arrested till next date of hearing.”

“04-09-2015.

Pursuant to Court notices, the I.O of the crime No.126 of 2015, U/s.496-A PPC of P.S. Osta Mohammad has shown his attendance and submits that interim challan has been submitted before the trial court however no one nominated in the aforesaid F.I.R has been arrested. He has recorded statement of Mst. Shakila Bibi daughter of Imdad Ali and has placed copy of such statement on record and submits that the petitioner has stated that she has not been abducted by any one whereas; after divorce by respondent No.9, Iqbal son of Ali Nawaz she has contracted marriage with petitioner No.2, Aijaz Ali son of Nazeer Ahmed out of her freewill and without any pressure or coercion and out of her previous wedlock one baby namely Tania is born. She has further submitted that she is residing with her husband Aijaz Ali along with her minor baby however, she has serious apprehension to her life as well as life of her husband at the hands of private respondents who may cause harm to them and submits that she intends to go with her husband Aijaz Ali and prays that protection may be provided to them. The parents of Mst. Shakila Bibi namely Imdad Ali and Mst. Zeenat present in court along with their counsel submit that in order to rehabilitate their honour either custody of Mst. Shakila Bibi may be given to them for couple of days or she may be sent to Darul Aman, Sukkur, to enable her to take appropriate decision under the circumstances. They have stated that they will not cause any harm to the petitioners and will accept the freewill of Mst. Shakila Bibi who appears to be under pressure of petitioner No.2. Learned counsel for the respondent No.9, submits that since she was married to Iqbal son of Ali Nawaz who has stated that he has not divorced her therefore, subsequent Nikah of Mst. Shakila Bibi with Aijaz Ali is not valid.

Heard learned counsel for the parties perused the statement of Mst. Shakila Bibi recorded by the I.O which reflects that the allegations as contained in the F.I.R regarding abduction of Mst. Shakila Bibi by petitioner No.2 and other co-accused persons is false as she has categorically stated that she has not been abducted by any one whereas, after divorce by her previous husband Iqbal son of Ali Nawaz (respondent No.9) about 08 months back, she has contracted second marriage out of her own freewill without any pressure or coercion with Aijaz Ali. Such fact regarding her previous marriage and divorce is also reflected in the Nikahnama produced by the petitioner in Colum No.5 wherein it has been mentioned that the petitioner Mst. Shakila Bibi is a divorcee. The dispute regarding her divorce by respondent No.9 cannot be examined by this court under its constitutional jurisdiction whereas; instant petition has been filed by the petitioners seeking protection and quashment of F.I.R registered on the allegations of her abduction. Such allegations on the face of it stand falsified in view of the statement of petitioner recorded by the I.O. Accordingly, the I.O of the case is directed to produce the statement of petitioner Mst. Shakila Bibi before learned trial court and obtain appropriate orders in the aforesaid crime for disposal of the case accordingly, and submit compliance to the court on the next date. However, in the meanwhile no one nominated in the aforesaid F.I.R shall be arrested. Concerned police is also directed to provide protection to the petitioners and shall ensure that no harassment whatsoever may be caused to them by the private respondents in respect of their freewill marriage. Mst. Shakila Bibi was inquired as to whether she would like to go with her parents or 2^nd husband Aijaz Ali or she may go to Darul Aman, Sukkur, for couple of days, in order to take proper decision with regard to her future, she initially expressed her willingness to go with her husband Aijaz Ali however, keeping in view the constant request of her parents namely Imdad Ali and Mst. Zeenat she has consented to go to Darul Aman only for a couple of days however, submits that necessary protection may be provided to her and her husband Aijaz Ali, whereas she will only be allowed to meet with her husband Aijaz Ali and mother Mst. Zeenat during her stay in Darul Aman, Sukkur, under police protection.

Accordingly, Mst. Shakila Bibi may be sent to Darul Aman, Sukkur, along with her minor baby to be escorted by the I.O and the area police, whereas, the Assistant Director, Darul Aman, Sukkur is directed to keep her in safe custody and produce her before this Court on 08.09.2015 at 11:00 AM under police protection. The private respondents are directed not to come in contact with petitioner except Mst. Zeenat, the mother of petitioner, who may be permitted to meet with Mst. Shakila Bibi in Darul Aman. Petitioner No.2 Aijaz Ali, however, be allowed to meet with Mst. Shakila regularly during her stay at Darul Aman. Learned Asst. A.G is also directed to call the area police to escort Mst. Shakila Bibi and her husband Aijaz Ali to his safe destination. The concerned police shall also escort both the petitioners to this Court on the next date of hearing.

In view of the statement of Mst. Shakila Bibi recorded by the I.O in the aforesaid crime, it has emerged that allegations contained in the FIR regarding her abduction are false and frivolous, whereas, accused persons have been falsely implicated. Mst. Shakila Bibi has expressed her willingness to go with her husband Aijaz Ali, whereas, she being sui juris is at liberty to lead her life as per her own freewill and choice in accordance with law, therefore, she is permitted to go with her husband Aijaz Ali. I.O of the case is directed to submit compliance report by obtaining appropriate orders from the concerned trial Court seeking quashment of the proceedings in respect of aforesaid FIR in accordance with law within 15 days from the date of this order. Concerned police is also directed to provide protection to both the petitioners and to ensure that no harassment whatsoever shall be caused to them in respect of their freewill marriage, whereas, escort shall be provided by the SHO of PS, New Pind so that the petitioners may reach the safe destination. Learned Assistant Advocate General is directed to call the concerned police for compliance of Court orders.

The allegation regarding previous marriage with respondent No.9 and custody of the minor baby urged by learned counsel for the respondent No.9 cannot be entertained or examined by this Court under its constitutional jurisdiction, whereas, respondent No.9 shall be at liberty to file appropriate proceedings before proper Court of jurisdiction.

Learned counsel representing respondent No.9 submits that both the petitioners may be directed to execute bond to the effect that they will not leave the territorial jurisdiction of this Court at least for a period of one month so that the respondent No.9 may file appropriate proceedings in accordance with law including a petition before the Guardian and Wards Court for the custody of his daughter baby Tania. Learned counsel for the petitioners does not oppose such request. Accordingly, both the petitioners are directed to execute P.R bond in the sum of Rs.50,000/- each, before the Additional Registrar of this Court, to this effect.

Petition stands disposed of in the aforesaid terms.

JUDGE

N.M.