ORDER SHEET

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

Constt: Pett: No:  1065 of 2009.

Date                          Order with signature of judge.

For Katcha Peshi.

21.5.2010.

Mr. Ghulam Mohiuddin Durani, advocate for the petitioner.

Mr. Ali Raza Pathan, State Counsel for A.A.G alongwith SIP Iqbal Ahmed Domki, SHO P.S A Section Kandhkot.

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                        This petition has been filed by the petitioner Siraj Khoso with the following prayers:

a. That this Hon’ble Court may be pleased to call upon respondents No.1 and 3 to 9, restraining them from causing harassment to the petitioner and his other family members in any manner.

b. Direct respondent No.2, to provide protection to petitioner as guaranteed under the constitution.

c. To direct private respondent No.3 to 9, not to take law into his hands and give undertaking to the effect that they will not cause any harassment to the petitioner and his other family members and will allow the couple to live with each other as husband and wife as per their wishes.

d. To award costs.

e. Grant any other equitable relief.

                        The petitioner in support  of his contention  has produced  the copy of order dated 9.10.2009 passed by Division Bench of this Court  sitting at Larkana in earlier C.P.No.887/2009 filed in the subject matter which reads as under:

                         “Petitioner Saira Khoso present in person and states that  she being sui juris of 22 years  had worked as Primary School Teacher in village Yar Muhammad Khoso but as  she was decalred ‘Kari’ with Abdul Wahab, therefore, she  had to take refuge in Darul Aman.  Now she wants to marry with said Abdul Wahab who is present in Court and states that he is tailor master and wants to marry with the petitioner.  Since  petitioner being sui juris has a right to contract marriage according to her choice which she wants to exercise,  therefore,  Assistant Director Darul Aman would facilitate such marriage and would release the petitioner after she is married to Abdul Wahab.  The petition is disposed of.”

                        The contention of  learned counsel for the petitioner is that since Abdul Wahab,  the brother of present petitioner namely Siraj  has contracted marriage with Mst.Saira Khoso in Darul Aman as per the above order of the honourable Court therefore, the respondent NO.1 should not cause harassment at the behest of respondent No.3 to 9  being the SHO A Section Kandkot and the respondent No.2/DPO Kashmore at Kandhkot  should provide protection to the petitioner so the respondents  No.3 to 9  may not take law into their hands.

                        The respondent No.1 and 2 have also submitted in their parawise comments that  whenever  the petitioner will approach them  for legal protection, the same will be provided to them accordingly and  any order passed by this Court will be complied with accordingly.

                        I have heard learned counsel for the petitioner and learned State Counsel for the respondents No.1 and 2 and also perused the relevant record.   None is present for the respondents No.3 to 9. 

                        Since the marriage of petitioner’s brother namely Abdul Wahab has taken place with  Mst.Saira  as per the earlier order of  Division Bench of this Court  therefore, the respondents No.1 and 2 are required to provide due protection  to the petitioner party so that no harassment is caused to them in violation of the law.

                        The above petition  stands  allowed accordingly.

JUDGE