ORDER SHEET

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

Constt: Pett: NO:  1211 of 2009.

Date                           Order with signature of judge.

8.1.2009.

                        Mr. Aftab Ahmed Gorar, advocate for the petitioner.

                        Mr. Naimatullah Bhurgri, State Counsel  alongwith Insp: Fida Hussain Gopang, SIO P.S Kamber  who has produced detenue Mst.Shazia and Tariq Hussain.

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                        Mr. Aftab Ahmed Gorar, learned counsel appearing on behalf of the petitioner  has sought permission to withdraw from his power  as according to him he has represented  the respondent/detenue in Family Suit No.13/2009.  In view of such facts the permission is allowed.  Mr. Ali Nawaz Ghanghro, undertakes to file  power  on behalf of the petitioner.

                        The detenue Mst.Shazia  has been produced   by  Insp:  Fida Hussain Gopang, SIO Kamber  alongwith  her  husband  Tariq Hussain and mother in law and father in law  in Court.   She  has stated  that  she has not  been kidnapped   by any body and she is living with her husband  Tariq Hussain without any pressure or coercion from   any corner.   She also denied the fact of dissolution of marriage. 

            Since the petitioner has placed on record  the exparte judgment and decree in Family Suit No.13 of 2009 dated 30.6.2009 according to which  the respondent/defendant has sought  dissolution of marriage from her husband which  she disowns.

                        In the circumstances, R&Ps  of the said case may be called from the Court to be placed  alongwith this petition. 

                        Learned State Counsel further states that  as per the information provided by the I.O present in Court that after the case of dissolution of marriage, the F.I.R No.392/2009 was registered at P.S Kamber  by   the present petitioner against Tariq Hussain U/S 392, 452, 364, 148, 149 PPC on 9.12.2009.  He further states that  the detenue Mst.Shazia  and  her husband Tariq Hussain  appeared in the Court and filed   such affidavit before the Magistrate stating therein that  they are husband and wife and denied the allegations in the F.I.R.   Learned State Counsel further points  out that the detenue  Shazia also filed the C.P. No.667/2009 against DPO Kamber Shahdadkot and others which was disposed of  on 30.07.2009 the order  whereof  is made available by the learned counsel for the petitioner alongwith statement dated 22.12.2009.

                        It has also been pointed  out  by the learned counsel for the petitioner  that  another petition No. 1000/2009 was also filed in the Court by the present petitioner which was disposed of as not pressed on 24.11.2009 and besides,  another C.P. No.1211/2009  was filed  which  was also disposed of on 13.12.2009.

                        Looking to the peculiar circumstances of the case,  office is directed to  tag all the above referred petitions alongwith the present petition.  The detenue Mst.Shazia and Tariq Hussain is present in Court seeks time to engage a counsel and submit counter affidavit to the petition and place on record all the relevant documents and proceedings.   To come up on 26.1.2010.  Till then, the  official respondents shall not harass the detenue Mst.Shazia and her  husband Tariq Hussain in connection with the F.I.R No.392/2009 of P.S Kamber.

JUDGE