ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

Constt: Petition No.D- 739 of 2023.  

Date of hearing                                Order with signature of Judge.

1.For orders on office objection as flag A.

2.For hearing of main case.                                  

13.12.2023.

                        Mr. Akeel Abbas, advocate a/w petitioners.

Mr. Abdul Hamid Bhurgri, A.A.G a/w Mr.Aitbar Ali Bullo, D.P.G

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            Learned counsel for the petitioners contended that the petitioners have contracted love marriage on which parents of petitioner No.1 were annoyed  and they were apprehending danger to their lives at the hands of private respondents/relatives of petitioner No.1, therefore they have maintained instant petition.

            In response to notice comments are filed on behalf of respondent No.2 as well as SIO P.S New Faujdari Shikarpur, taken on record. Mr.Danesh Kumar Jai Jai Veshnu files vakalatnama on behalf of respondents No.3, 5 and 6 alongwith academic certificates of alleged abductee Mst.Shiwani, taken on record.  He contended that  Mst.Shiwani being 16 years old is under age therefore,  her marriage is not warranted under the  Sindh Child Marriage Restraint Act, 2013.

            SIP/SIO P.S New Faujdari Shikarpur has recorded statement of alleged abductee Mst. Shiwani D/O Kamlo alias Raj Kishan (Hindu) in which she has categorically stated that she has contracted marriage with petitioner No.2 Sahil Veshnu and  the case registered in respect of her abduction is false. Petitioner No.1 Mst.Shiwani present in Court affirms the above position and submits that she is happily residing with her husband and want to go with him.

            In view of above position, instant petition is disposed of with direction to the official respondents to act strictly in accordance with law and provide protection to the petitioners in accordance with law. I.O of Crime No.242/2023 under Section 425, 365-B PPC of P.S New Faujdari Shikarpur is directed to file report in the light of statement recorded by the alleged abductee before concerned Court for disposal of the case in accordance with law. As regards the plea of underage of alleged abductee taken by learned counsel for the respondents is concerned, they may seek remedy before appropriate Court as provided by the law. 

        JUDGE

JUDGE

shabir