C.P.No.D-4162  of  2015

 

 

1.    For orders on office objection

2.    For orders on CMA-2866/2015

3.    For Katcha Peshi

 

 

20.04.2016

 

Mr. Mumtaz Ali Naich advocate along with petitioner.

Mr. Shaharyar Awan, Assistant Advocate General.

                                    ...............

 

                        Pursuant to Court notice, respondent No.1 Faiz Ahmed has shown appearance along with his daughter, the alleged detainee Mst.Tahseen Bano, whereas, Mr.Habib Rehman Memon Advocate, has filed his vakalatnama on their behalf. Mst.Tahseen Bano present in Court has categorically denied the allegations as contained in the instant petition and has stated that she has never contracted marriage with the petitioner, whereas, Nikahnama annexed along with instant petition does not contain her thumb impression or signature. She has further stated that she is already married to one Zahoor s/o Saleh Muhammad on 03.01.2014 and living with her husband and family happily. Copy of Nikahnama has been placed on record.

 

            While confronted with such statement of Mst.Tahseen Bano, who has categorically denied the allegation of her marriage with petitioner or her illegal detention, learned counsel for the petitioner could not offer any explanation. Since, the petitioner’s allegation that his duly wedded wife Mst. Tahseen Bano is being wrongfully detained by her father stands falsified, in view of statement of Mst.Tahseen Bano present in Court, therefore, no cause remains to be agitated any more in the instant matter. As regards the contention of the petitioner that she has also contracted marriage with him as Nikahnama annexed with instant petition as annexure “A”, we are not inclined to examine such disputed facts as Mst.Tahseen Bano has categorically denied such fact as well. Moreover, the alleged illegal detention of Mst.Tahseen Bano in view of her statement in Court, appears to be incorrect and false.

            Accordingly, instant petition is being disposed of along with listed application, however, if the petitioner intends to seek any further remedy under the facts and circumstances of the instant case, he may approach the proper Court of jurisdiction for such purpose.

 

 

 

                                                                                 JUDGE

 

 

                                                JUDGE

 

N.M.