O R D E R     S H E E T

IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA

Crl. Misc. Appln. No. 16      of 20110

Date	Order with signature of the Judge

For Katcha Peshi.

07.2.2011

Mr. Ahsan Ahmed Quraishi, advocate for applicant alongwith applicant.

Mr. Altaf Hussain Surahio, State counsel.

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            Instant application under section 491 Cr.P.C has been filed by Mst. Islam Khatoon claiming to be grand mother of Mst. Komal Khatoon who, as per applicant, was married to respondent No.2 namely Sahab Khan alias Ali Bux son of Ariz Muhammad about two years back. It is alleged that the respondent No.2 has wrongfully detained Mst. Komal Khatoon and he is not allowing anybody to meet with her. It has been further stated that about 4/5 months back detainee was declared as Kari and thrown out of the house by respondent No.2 and since then, she was residing with the applicant. However, as per applicant, about a week ago respondent No.2 alongwith his brothers has taken away the detainee on gun point and since then, she has been detained in the house of respondent No.2 situated in village Roopa Chowk, Roopa Shaakh, village Sulleman Khan Umrani, Taluka Manjoo Shori, district Nasirabad Balochistan and there is serious apprehension and threat to her life. It has been prayed that Rule Nisi may be issued for the production of Mst. Komal Khatoon.

             On 24.1.2011 Rule Nisi was issued by this Court for the production of detainee Mst. Komal Khatoon whereas the other respondents were directed to be served through respondents No.1 to 9. Today the detainee Mst. Komal Khatoon is produced by ASI in Court, who has got her statement recorded in Court on oath and confirmed the allegations contained in the instant application. She has further expressed her unwillingness to live with the respondent No.2 namely Sahab Khan any more, and has expressed apprehension and threat to her life. She further stated that she wants to live with his father namely Mumtaz Ali and grant mother who are present in the Court.

            Respondents No.2 Sahab Khan is also present in Court who has denied all the allegations and submitted that he was married with Mst.Komal about two years back and was living happy married life, whereas the applicant, out of greed wants to get Mst. Komal Khatoon remarried with some other person by selling her.

            Be that as it may, in view of the statement on oath of Mst Komal Khatoon, recorded in Court, it appears that she does not want to live with the respondent No.2 any more and wants to go and live with her father and the grant mother who are present in Court. She, being sui juris, cannot be forced against her will to continue to live with her husband i.e. respondent No.2, therefore, she is at liberty to live with her parents.

 However, if the respondent No.2 still want to seek conjugal rights, he may approach the competent court of jurisdiction for the said purposes, whereas Mst. Komal Khatoom is at liberty to approach the concerned Family Court seeking dissolution of marriage if so advised.

 Under these circumstances, Mst.Komal Khatoon is allowed to go along with her father and grand mother present in Court and to live her life as per her own choice.

            Crl. Misc. Application stands disposed of in the above terms.

                                                                                                Judge