ORDER SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Constt. Petition No.D-1433 of 2016
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Date |
Order with signature of Judge |
For katcha peshi
15-04-2016
Mr.Saeed Ahmed A. Panwher Advocate for petitioner
Mr. Shafique Ahmed Khan Leghari State counsel
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Instant petition was filed by Mst.Tehmmna from Darul Aman Sukkur with following prayers:-
“(a) That this Hon’ble court may be pleased to direct the respondent No.2 to produce safe custody of petitioner before this Hon’ble Court and after recording her statement, she may be allowed to go and live with her father-in-law in the house of her husband Muhammad saqib, who is also residing there.
(d) To award the costs.
(e) To grant any other equitable relief, which this Hon’ble Court deems fit and proper under the circumstances of the case, in favour of the petitioner.”
Instant petition was presented on 7.4.2016 when the pre-admission notice was ordered to be issued to respondents as well as AAG. On 12.4.2016 following order was passed:-
“Pursuant to court notice Mrs.Noor Saba Incharge Darul Aman Sukkur has shown appearance andproduced Mst.Tahmeena Bibi in Court. It is, inter alia, contended by the learned counsel for the petitioner that Mst.Tahmina Bibi daughter of Muhammad Saleem being Sui juris has contracted marriage out of her own free will, without any coercion or pressure with Muhammad Saqib son of Sadique Muhammad, which has annoyed her parents who are issuing threats and are causing continuous harassment. She has further sated that there is likelihood that harm and injury will be caused to her and her husband. She has categorically stated hat she was never married prior to her marriage with Muhammad Sadib and has not been abducted by any one and wants to live with her husband and his family. It has been informed that her husband Muhammad Saqib has gone to Saudi Arabia in respect of his job, whereas his father namely Sadique Muhammad is present in court who has shown his willingness to have the custody of petitioner and submits that he will take good care of petitioner Mst. Tahmina Bibi like his own daughter. We deem it proper to call the mother-in-law of petitioner on the next date and to handover the custody of Mst.Tahmina Bibi in the presence of her mother-in-law on next date.
To come up on 15.4.216 at 10.00 a.m as suggested by learned counsel for petitioner who submits that mother-in-law of petitioner will appear in court on the next date. Petitioner Mst.Tahmina Bibi shall be taken back to Darul Aman Sukkur, with direction to produce her on next date.”
Pursuant to aforesaid order Mst. Jindan Mai w/o Sadique Muhammad has shown appearance and has submitted that Mst.Tahmina is her daughter-in-law who being sui juris has contracted marriage with her son namely Muhammad Saqib who has presently gone to Saudi Arabia in respect of his job. She has stated that she will take good care of her daughter-in-law and treat her as her real daughter in absence of her son who is expected to be back in near future. Copies of CNIC and passport of Muhammad Saqib has placed on record along with copy of CNIC of Mst.J indan Mai. Learned counsel submits that since there is serious threat to the life of petitioner, therefore, she may be allowed to go along with her in-laws. Petitioner present in court who has also expressed his willingness and desire to go along with her in-laws present in court. Learned State counsel under the facts and circumstances does not raised objection to allow the petitioner to go alongwith with ther in-laws.
Accordingly, since petitioner being a sui-juris who has expressed her willingness to go along with her in-laws, we disposed of the instant petition with direction to incharge Darul Aman Sukkur to release the petitioner and hand over her custody to her in-laws after proper verification and keeping their proper address who are expected to take good care of petitioner.
Accordingly, petition stands disposed of.
JUDGE
JUDGE
Suleman Khan/PA