ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Constitutional Petition No. D-400 of 2010

Date Order with signature of Judge

For Katcha Peshi.

(Notice issued)

25^th February, 2010.

Mr. Nasarullah Malik, Advocate a/w petitioners.

Mr. Shafi Muhammad Memon, Addl. Advocate General, Sindh a/w Inspector Syeda Ghazala, PC Zaibun Nisa of Women Police Station, SIP Arshad Mehmood Police Station Saddar and SIP Malik Hayat Police Station Mehmoodabad.

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It seems that notice on respondents have been served but except for the police officials no other respondent is in attendance. It is stated that mother of petitioner No.1 namely the respondent No.6 was present but she has left the Court.

The case of the petitioners is that they are cousins and petitioner No. 1 being sui juris after swearing freewill affidavit has contracted Nikah with the petitioner No.2. It is stated that the mother of petitioner No.1 namely respondent No.6 has lodged FIR No. 01 of 2010 at Women Police Station under Section 365-B/34 PPC. The petitioner No.1 also seems to have lodged FIR No. 147 of 2010 under Sections 342/452/506-B/109/337-H(ii)/337-A(i)/34 PPC at Police Station Mehmoodabad. The dispute is only with regard to the marriage of the petitioner No.1 with the petitioner No.2.

At this stage, the respondent No.6 has appeared and has filed written reply which is kept on the record. Respondent No.6’s only assertion is that she want to take his daughter, the petitioner No.1, with her. Petitioner No.1, who is present before the Court, states that she does not want to go with respondent No.6 as she apprehends danger to her life and also complains that previously also she has been maltreated by her mother and other relatives.

Let statement under Section 161 Cr.P.C. of petitioner No.1 be recorded by the Investigating Officer in the office of Advocate General, Sindh, today who will then submit the final report with the Ilaqa Magistrate for disposal of the case within one week.

The petitioner Nos.1 & 2 state that if the case against them, which has been lodged by respondent No.6 is disposed off, they will also not press their FIR No. 147 of 2010 and will seek its disposal.

The petition in the above terms stands disposed off.

J U D G E

Aamir/PS