ORDER SHEET

THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

C. P No. S-26 of 2023

Date	Order with signature of Judge

1. For order on M.A No. 128/2023

2. For order on office objection.

3. For hearing of main case. 

20-02-2023

Mr. Habibullah G. Ghouri, Advocate for the petitioner.

Mr. Sharjeel Sattar Bhatti, Advocate for detainee Mst.Waheeda

Mr. Abdul Waris Bhutto, Assistant Advocate General a/w Ayaz Hussain, SHO P.S, Ratodero and Bashir Ahmed, SHO P.S Abad, District Jacobabad.

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Compliance report has been filed by SHO, P.S, Abad District Jacobabad, which is taken on record. Learned counsel for the petitioner submits that initially detainee Mst.Waheeda had contracted marriage with Sarfraz Hussain Sianch (petitioner). On such marriage, her parents were annoyed and lodged F.I.R bearing Crime No.36/2022 at P.S, Ratodero, for offences U/S.365 & 452 PPC. Therefore, she had filed C.P.No.D-164/2022 before this Court for her protection and quashment of said F.I.R, wherein this Court vide order dated 05.04.2022 issued directions for her production and recording her statement which was accordingly recorded by the investigation officer. Later-on, the investigation officer was directed to file report U/S.173 Cr.P.C before the Magistrate having jurisdiction in the light of statement of said detainee Mst.Waheeda. Learned counsel for the petitioner further added that such report was submitted finally and case was disposed of under "C" class. Learned counsel for the petitioner submits that later-on the parents of detainee while attacking upon petitioner’s father, committed his murder wherein his brother Riaz also received grievous injuries on 22.06.2022. In such respect, F.I.R bearing Crime No.90/2022 was registered at P.S, Waleed, Larkana. It is further contended that thereafter by way of false hopes, custody of Mst.Waheeda was taken by her parents and respondents No.7 and 8, where she was kept in wrongful confinement, thereafter, the instant petition was filed by the petitioner in which this Court issued directions to produce the detainee finally before this Court and after issuance of notice, Mst.Waheeda was compelled to file application U/S.22-A & B Cr.P.C before Ex-Office Justice of Peace which was disposed of vide order dated 09.02.2023. Later-on, she was again compelled to file affidavit before this Court, which was sworn by her on 10.02.2023 and on the same date, this Court directed to bring the detainee on the date already fixed i.e. 16.02.2023. On 16.02.2023, she was not produced, however, she has been produced today.

Learned counsel for the petitioner submits that during wrongful confinement of Mst.Waheeda, the petitioner was also compelled to sign certain stamp papers which they used against him as affidavit and Talaqnama, however, no such divorce/Talaq has been pronounced by the petitioner to her.

Mr.Sharjeel Sattar Bhatti, Advocate for detainee Mst.Waheeda submits that he was engaged by her parents who brought her before this Court, even today she was produced by her mother and grandfather. Learned counsel further submits that he has no further instructions about any compelling circumstances, as contended by learned counsel for the petitioner, so also by detainee Mst.Waheeda.

Mst.Waheeda (detainee) present in Court submits that she had contracted marriage with Sarfraz Hussain with her own free-will and the F.I.R bearing Crime No.36/2022 was registered by her parents at P.S, Ratodero for offences U/S.365 and 452 P.P.C with false facts and malafide intention, which was disposed of, thereafter they forced petitioner Sarfraz Hussain by revoking such marriage and her parents has also attacked upon them, resulting thereof, father of petitioner was killed and his brother was injured. She was kept in wrongful confinement and repeatedly compelled to give statement against petitioner Sarfraz Hussain and today she was produced by her mother and grandfather. She further submits that no divorce/Talaq was given to her in her presence, however, she came to know from her parents that they obtained the affidavit and Talaq by force from petitioner Sarfraz Hussain. She further submits that she has grave apprehension to her life that she will be murdered after her today's statement, therefore, she prayed for providing further protection to her.

Learned A.A.G in the above circumstances submits that the situation is very critical, therefore, she needs protection and the official respondents will provide protection to her.

Heard learned counsel for the parties and perused the entire material made available on the record.

Since, the petitioner has negated the fact of divorce/Talaq and the circumstances reflect that “Talaq” taken by force is not permitted under Islamic Law. Looking into the seriousness of issue, wherein one person has already lost his life while the other has sustained injuries and after today's statement, her parents will create danger to her life and keeping in view that no “Talaq” could be given by force, therefore, her custody is ordered to be handed over to the petitioner with direction to execute a personal bond in the sum of Rs.10,00,000/-(Rupees Ten Lacs) to be obtained from him for her safe custody/protection. SHO, P.S, Ratodero, District Larkana and SHO P.S, Abad, District Jacobabad, are directed to provide legal protection to petitioner Sarfraz Hussain and detainee Mst.Waheeda in accordance with law. The S.S.P Larkana is strictly directed to provide special force/squad upto their destination where they desire with further direction to provide legal protection to the petitioner and detainee as and when needed.

The instant petition stands disposed of in above terms.

JUDGE

Abdul Salam/P.A ****

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