ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Misc. Application D-155 of 2016

 

Date

               Order with signature of Judge

 

 

                           For katcha peshi

                                   

27-04-2016

12-09-2014

               Mr. Hadi Bux Bhatt advocate for petitioner

                           Mr. Zulfiqar Ali Jatoi DPG

                                                 .-.-.-.-.-.-.-.-.-.-.-.-

 

                        Through instant petition, petitioner Mst.Asma has prayed that the Incharge Darul Aman Sukkur may be directed to release her as she intends to enter into contract of second marriage after having obtained khula from his previous husband vide judgment dated 21.3.2016, in Family Suit No.06/2016 by 1st Family/Civil Judge Sukkur. Today, petitioner has been produced from Darul Aman Sukkur who reiterated the contents of her petition and submits that she wants to enter into second contract of marriage with Guman s/o Tindo who is also present in court and verifies such position. Learned DPG submits that since Iddat period of petitioner Mst.Asma pursuant to judgment regarding dissolution of marriage has not yet been completed, which will be completed by 20th June 2016, therefore, petitioner may be sent back to Darul Aman Sukkur as there is threat to her life, whereas, on completion of Iddat period, she may be allowed to contract second marriage as per her own free will and choice. Learned counsel for the petitioner does not controvert such legal position.

                        Accordingly, instant petition is being disposed of with the directions that petitioner may be sent back to Darul Aman Sukkur, where she will remain till her Iddat period. Thereafter, the Incharge Darul Aman Sukkur is directed to arrange Nikah ceremony of Mst. Asma with  Guman s/o Tindo after completion of Iddat period as referred hereinabove. Thereafter she may be allowed to go along with her husband. Whereas, concerned SHO is directed to provide complete protection to the petitioner and her husband in respect of their free will marriage and they shall be escorted to a safe destination. Compliance report thereafter, shall be submitted through Additional Registrar of this court. Copy of this order be communicated to Incharge Darul Aman Sukkur for information and compliance.

               Instant petition stands disposed of in the above terms.

 

                

                                                                                                            JUDGE

                                                                                                                                                                      

                                                                                  JUDGE

 

 

Suleman Khan/PA