ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT, LARKANA.

Cr. Misc. Appln. NO. S- 21 of 2013.

Dated                                   order with signature of hon’ble Judge.

1. For orders on office objection as flag A.

2. For order on M.A No.176/2013.

3. For order on M.A No.177/2013

4. For Katcha Peshi.                            

13.03.2013.

                        Applicant is present in person.

                        Mr. Asif Hussain M. Nawaz Chandio, State Counsel.

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1. Noticed. Overruled.

2. Dismissed as become infructuous.

3. Granted subject to all just legal exceptions.

4.  The case of the applicant is that Mst.Nadia is his wedded wife  and the   respondents  have illegally detained her his wife namely  Mst.Nadia.

             I have  gone through the order dated 27.02. 2012 passed by learned Sessions Judge, Dadu wherein it is observed  that the   Family Judge, K.N. Shah in Family Suit No.  07/2003,   which was filed by the applicant for performance of conjugal rights,  was dismissed  holding that the applicant   could not prove the nikah with Mst.Nadia who  had  also denied  the performance of nikah with the applicant.  Such facts were also confirmed by the applicant  as he admitted that no such appeal has been filed in resect of said order although he submitted that a out of court settlement was made.

              Since there is an order  of the Court   that Mst.Nadia   the alleged detenue  is not wedded  wife of the applicant   and therefore,  there is no justification of filing  an application U/S 491 Cr.P.C  and was rightly dismissed by the Sessions Judge, Dadu.  Accordingly this application has no substance and  is dismissed with cost of Rs.2000/=.

JUDGE