ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Constt: Pett: No.  623 of 2009.

Date of hearing

Order with signature of Judge

1. For order  on office objection as flag A.

2. For orders on M.A  1376 /2009.

3. For Katcha Peshi.                                        

17.7.2009.

Mr. Muhammad Murad Chachar, advocate  alongwith the petitioner.    

Mr. Saeed Ahmed Bijarani, advocate for the respondents No.3 and 5.

                        Miss  Rubina Dhamrah, State Counsel.    

Respondents No. 3 to 7   alogwith  detenue Mst. Arbab Khatoon  are present. 

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1. Overruled.

2. Granted subject to all just exceptions.

3. Through this petition, the petitioner Ghous Bux Khoso   has  sought following relief:

a.         To issue Rule Nisi for production of detainee namely Mst.Arbab Khatoon wife of petitioner through respondents No.1 and 2, from the hands of private respondents and after recording her statement, she may b e set at liberty.

b.         To pass an appropriate order for illegal and wrongful confinement  of detainee against the responsible persons.

c.       Direct  respondent No.1 to record statement of petitioner  and if from his statement a cognizable offence  is made out, enter it into 154 Cr.P.C book and proceed in accordance with the law.

d.       To direct  respondent No.3 to 7 not to take law into their hands and to execute P.R bond to the effect that they will not cause any harm to petitioner, her husband and their relatives and allow them to live as husband ans wife as per their wishes.

e.       To award compensatory costs.

f.       Any other relief which this  Hon’ble court deems fit and proper.

            On service of the notices issued by this Court, the official respondents  filed  their respective statements and Mr. Saeed Ahmed Bijarani, advocate for the respondents No. 3 and 5  files power on behalf of  respondents No.4,6 and 7 alongwith   counter affidavits of private respondents   and Mst.Arbab Khatoon, which are  also taken on record  and the copies of  counter affidavits  have been received by the learned  counsel for the petitioner.

            It   is contended by learned counsel for the petitioner Mr.Muhammad Murad Chachar  that  on 29.5.2009 the petitioner contracted marriage  with Mst.Arbab Khatoon when the Nikahnama was also reduced in writing.  He further contends that the respondent No.3 to 7 were annoyed on such marriage  therefore,  with malafide intention they declared the couple as Karo-Kari.  He further urged  that  on 04.07.2009 early in  the morning, the said private respondents  alongwith official respondents No.8 to 10 intruded into the house of petitioner and abducted away his wife Mst.Arbab Khatoon  on the show of weapons  and kept  her under illegal detention giving rise to the present application.

            On the other hand, learned counsel for the private respondents has contended that   Mst.Arbab Khatoon  is not the wedded wife of petitioner;  neither she is abducted nor she is under any illegal detention but living happily alongwith her parents.

                        Detenue Mst.Arbab Khatoon is produced in Court today  by the private  respondents.  She  has categorically stated   in open Court  that   she is residing  with her parents  happily;   petitioner Ghous Bux Khoso is not her  husband  as she is unmarried   and that  she apprehends no danger to her life while residing with her parents and  want to go with   my father Ghous Bux Kori,  the respondent No.4 who is present in Court.

                        In view of the above position,  the petition does not merit  consideration and same is dismissed alongwith listed appolication. The detenue Mst.Arbab Khatoon  is allowed to  go with her  father Ghulam Bux Kori, the respondent No.4.

JUDGE