Ismail (Petitioner) VS The State (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P No.D-2772 of 2019

DATE ORDER WITH SIGNATURE OF JUDGE(s)

1.For orders on office objection.

2.For hearing of M.A No.12745/19.

3.For hearing of main case.

Mr. Gulsher Ali Mangnejo, Advocate for petitioners.

Mr. Muhammad Ismail Bhutto, Addl. Advocate General.

Mr. Altaf Sachal Awan, Advocate files power on behalf of respondent No.6, which is taken on record.

Petitioners are present and submits that they are living happily together as husband and wife under valid Nikahnama but due to un-ceremonial marriage, the official respondents at the behest of private respondents are harassing them without any lawful authority. However, they appointed out that an F.I.R bearing Crime No.106 of 2019 U/S 365-B, 34 PPC at P.S Warah has been lodged falsely by respondent No.6 Mst. Bachal, who is mother of petitioner No.1. Petitioner No.1 further submits that she being sui juris want to go with her husband / petitioner No.2 Ali Dost.

Learned A.A.G files comments on behalf of respondents No.2 to 5, which are taken on record. The official respondents in their comments have stated that neither they harassed the petitioners nor intend to do so in future and the allegations leveled against them are false.

In view of the above, this petition stands disposed of. Investigating Officer of the case, who is present in Court, is directed to record the statement of petitioner No.1 today in the office of Additional Registrar of this Court and after recording the same, copy of the said statement be placed on record of this petition and so also submit the same before concerned Judicial Magistrate for passing an appropriate order as per law. However, petitioner No.1 Mst. Karishma being major and sui juris is allowed to go with her father. In the meantime, official respondents are directed to act strictly in accordance with law.

JUDGE

JUDGE

*Fahad Memon*