ORDER SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
C.P No.D-1110 of 2016.
______________________________________________________________________ DATE ORDER WITH SIGNATURE
OF JUDGE ______________________________________________________________________
1. For orders on O/objection at Flag ‘A’.
2. For orders on CMA 2977/2016(U/A)
3. For orders on CMA 2978/2016(Ex)
4. For katcha Peshi.
18.03.2016
Mr.Miran Bux
Shar, Advocate for the petitioner.
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. From
perusal of the contents of instant petition and to submission of learned
counsel for petitioner, it appears that petitioner Riaz
Hussain has expressed his grievance, pursuant to some matrimonial dispute of
petitioner with Mst. Irshad
Khatoon, who according to petitioner is presently
residing in Darul Aman Sukkur and has filed suit, seeking dissolution of marriage
by way of Khulla. Per learned counsel, the mother and
brothers of Mst. Irshad Khtoon have obtained loan from petitioner, which is not
being returned, whereas the gold ornaments of the petitioner are also in possession of Mst. Irshad Khatoon.
It has been further stated that an Iqrarnama was
executed between the parties which has not been honoured
by the respondents.
It
appears to be a private dispute between petitioner and private respondents over
some matrimonial dispute, which cannot be examined by this Court through
instant petition, whereas, forum for resolution of such matrimonial dispute is
already available. Moreover, matter requires evidence and may involve disputed
facts. Accordingly, we do not find any
substance in the instant petition which is dismissed in limine alongiwth listed applications,
however, the petitioner may be at liberty to seek his remedy by approaching the
proper forum/Court, in accordance with law, for redressal
of his grievance. It may be further observed that police may not interfere nor
harassment be caused to any party in respect of some civil dispute between the
parties.
J
U D G E
JUDGE
Irfan/PA