IN THE HIGH COURT OF SINDH, KARACHI
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Date Order with signature of Judge
1. For hearing of Misc. No.3287/11
2. For Katcha Peshi.
Date of hearing :07.07.2011
Ms. Farkhunda Mangi, Advocate for the petitioner a/w petitioner.
Mrs. Razia Danish, Advocate for the respondent No.1 a/w respondent with his daughter Naila Sajid.
M/s. Imtiaz Ali Jalbani, APG and Zulfiqar Ali Sangi, Counsel for State a/w SHO, North Nazimabad, SPO, North Nazimabad and Ali Shahbaz, Law Officer, Pakistan Rangers.
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O R D E R
Aqeel Ahmed Abbasi, J. Through instant petition the petitioner has complained of harassment by the respondents and has prayed that the concerned SHO, may be directed to register FIR against the respondent No.1 for the alleged harassment. It is stated in the petition that petitioner got married with Mst. Naila Sajid daughter of respondent No.1 on 23.10.2010 out of her own free-will, which antagonized the parents of Mst. Naila Sajid, who started causing harassment to the petitioner and eventually took-away his wife forcibly without her will, and have kept her in wrongful detention since then.
Notices were issued to the respondents, pursuant to which respondent No.1 has filed objections to the instant petition wherein the allegations contained therein have been vehemently denied. It has been stated by the respondent that the petitioner is a gangster, who has blackmailed her innocent daughter and forcibly got married with her without her free-will or consent. It is further stated that on account of blackmailing and threat to the life and reputation of his daughter namely Mst.Naila Sajid, the petitioner has extracted Rs.250,000/- cash, as well as gold ornaments from her from time to time. It has been further stated that the petitioner took her daughter to Islamabad, where she was maltreated by the petitioner and was being compelled to live immoral life and on her refusal she was badly beaten, which caused miscarriage and she had even undergone DNC process. As per respondent No.1, such fact was reported to the concerned TPO whereafter a suit for Khulla has also been filed. Learned counsel for the respondent has also stated that earlier also the same petitioner had filed a Crl. Misc. Application bearing No.50/2011 under Section 491 Cr. P.C. in the Court of District and Sessions Judge, Karachi Central, against respondent No.1 and his daughter in which proceeding the statement of Mst. Naila Sajid was recorded by the learned District and Sessions Judge, who disclosed all these facts and submitted that she does not want to live with the petitioner under any circumstances. Learned counsel further argued that in addition to such proceedings instant false and frivolous petition has been filed by the petitioner to save himself from the clutches of law for having ruined the life of innocent girl, whereas the petitioner is continuously issuing threats and blackmailing the respondents that he will display the movie and pictures of Mst. Naila Sajid on internet.
In order to ascertain true facts, this Court vide order dated 30.06.2011 directed the respondent No.1 to produce Mst. Naila Sajid in Court on the next date.
Today, petitioner and Mst. Naila Sajid are present in Court, the said Mst.Naila Sajid has stated that the petitioner has throughout blackmailed her and get married to her forcibly, by issuing threats of dire consequences. The matter was taken up in the chambers, wherein Mst. Naila Sajid was asked to state the actual facts. Mst.Naila Sajid has stated that the petitioner is a notorious person, who had trapped her through mobile calls and by using blackmailing techniques got her involved and forcibly executed Nikahnama and Free-will under threat to her life and reputation. It is further stated that the petitioner wanted her to live an immoral life, which was not acceptable, therefore, she does not want to live with the petitioner any more and has also filed a suit bearing No.797/11 for dissolution of marriage by way of khulla before the learned III Family Judge, Central Karachi. Whereas, the petitioner is not attending the Court just to perpetuate harassment and blackmailing.
While confronted with serious allegations leveled by Mst. Naila Sajid against the petitioner, the petitioner denied the same and stated that Mst. Naila Sajid got married with him voluntarily out of her free-will and now, under pressure of her parents, she has made such allegation against him.
I have heard both the learned counsel and examined the statement made by the petitioner as well as Mst. Naila Sajid. Though, there are different versions of both the parties, however, it appears that the marriage of the petitioner with Mst.Naila Sajid was not performed in the normal course as consent of parents of both the parties were not obtained. Since Mst. Naila Sajid has stated in Court that she has not been wrongfully detained by her parents and has filed a suit for dissolution of marriage by way of khulla against the petitioner and does not want to live with the petitioner any more, therefore, the allegation as contained in the petition about the alleged detention of Mst. Naila Sajid stands falsified. Whereas, purpose of filing instant petition appears to have been achieved and petition has become infructuous.
However, looking at the peculiar facts and circumstances of this case and in view of the serious allegations and counter allegations by both the parties against each other, the instant petition is deposed of by consent of both the parties in the following terms:-
(1) Both the parties present in Court undertake that they will not cause any harassment to each other and they will continue to seek redressal of their grievances, if any, through process of law.
(2) The petitioner undertakes to attend the Court of learned III Family Judge, Karachi Central on the next date of hearing i.e. 30.07.2011 and will not to cause any delay in this regard, so that the case may be disposed of at an early date.
(3) The petitioner further undertakes that he will not do any such act which may in any manner cause any harm or injury to Mst. Naila Sajid or to her family nor he will file any frivolous proceedings against Mst. Naila Sajid in respect of their alleged marriage. He further undertakes that he will not do any such act to affect the reputation of Mst. Naila Sajid.
(4) Respondent No.1 present in Court further states that he will neither cause any harm or create any harassment to the petitioner, nor he will do so in future.
The instant petition thus stands disposed of alongwith the listed application in the above terms, however, any violation of above undertaking will entail penal consequences as provided under the law.
JUDGE
Nadeem