ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P. No. S- 129 of 2008

DATE         ORDER WITH SIGNATURE OF JUDGE

                                    For Katcha Peshi.

14.04.2010.

Ms. Rehana Gujar Advocate for Petitioner.

Mr. Riazat Ali Sahar Advocate for Respondent No.9

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The Petitioner claiming himself to be the husband of Mst. Irfana (the detenue) filed the instant petition seeking her production by asserting that the Respondents have detained her illegally and causing harassment to the petitioner and his family.

Notices were issued to the Respondents and on 09.04.2010 the Respondents voluntarily produced Mst. Irfana and claimed her to be the wife of Respondent No.9 Ghulam Mustafa alias Busho.

Since Mst. Irfana appeared to be in distress and could not speak in presence of respondents, therefore, she was separately interviewed in presence of Mr. Allah Bachayo Soomro Additional Advocate General Sindh and Mr. Muhammad Iqbal Kalhoro Additional Prosecutor General Sindh. Mst. Irfana stated to have voluntarily married Petitioner with the consent of her mother and thereafter she was taken by her mother to her village to give proper Rukhsati where she was forcefully married to Respondent No.9, who is her maternal cousin. She further stated that to complicate the position five interlink marriages were performed in the family on the same day including the marriage of her brother with Respondent No.9’s sister. The petitioner further stated that she has been threatened by the Respondents to state that she was married to Respondent No.9, failing all five marriages will break beside she was threatened of dire consequences. Therefore, she is not in a position to give her statement in presence of the respondents and need some time to arrange herself.

Since the Petitioner was not in a position to make an independent statement, therefore, she was sent to Darul Aman to dispel the fear and to give her a mind free of fear.

On 13.04.2010 she was produced from Darul Aman and she stated in presence of respondents that she wants to go with the petitioner by recognizing her husband and denying her relationship with Respondent No.9 and terming the Nikah with respondent No.9 forceful and against her wish. At that juncture Mr. Riazat Ali Sahar filed power on behalf of Respondent No.9 and requested that one day time be granted enabling him to amicably settle the dispute between the parties. Consequently with consent of every one Mst. Irfana was sent back to Darul Aman.

Today Mst. Irfana has been brought by the Incharge Darul Aman. She categorically states that she has married the Petitioner and she wants to go with him. She further denies her Nikah with Ghulam Mustafa Behrani alias Busho, Respondent No.9 and states that the said Nikah was procured by force despite her disclosure of her Nikah with petitioner. On the other hand, Mr. Riazat Ali Sahar Advocate appearing on behalf of Respondent No.9 has stated that Mst. Irfana has married Respondent No.9 with her own free will and on that day five Nikahs had taken place including one of Mst. Irfana’s brother with the sister of Respondent No.9.  He further states that Mst. Irfana has filed a suit for Jactitation of marriage against the petitioner which reflect that the marriage with Respondent No.9 was voluntary. Mst. Irfana denied filing of any suit against the petitioner and stated that such suit was managed by Respondents. Ultimately, it was proposed by the Respondents that in case Mst. Irfana takes special oath that she was married earlier to the Petitioner then they will give up all their claims against Mst. Irfana and the petitioner. In the circumstances, Mr. Allah Bachayo Soomro was assigned the task of taking special oath in presence of all concerned. Mst. Irfana has taken special oath, wherein she has stated that she married the petitioner earlier in time and her second marriage was against her wishes and by force. Though it was not necessary in the instant petition to administer special oath once she stated that her Nikah with petitioner was earlier in time and the respondents forced her to enter in Nikah of Respondent No.9 during existence of her Nikah with petitioner but in order to settle the matter between the parties and at their joint request, special oath was allowed.  In the circumstances, Mst. Irfana is set at liberty as she states that she wants to join the Petitioner.

The petition in the above terms stands disposed of.

                                                JUDGE

A.K