Muhammad Saleem (Petitioner) VS Province Of Sindh & Others (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P No.S-2176 of 2018

DATE ORDER WITH SIGNATURE OF JUDGE

For hearing of main case.

Mr. Abdul Razzak Dasti, Advocate is holding brief for Mr. Altaf Hussain Chandio, learned counsel for the petitioner.

Mr. Habib-ur-Rehman Jamali, Asst: Advocate General a/w ASI Darjan Ali of PS A-Section Shaheed Benazirabad.

Learned A.A.G files comments of respondents No.3 & 4 alongwith copy of statement of the alleged detainee recorded before 2nd Additional Sessions Judge, Shaheed Benazirabad, taken on record.

Mr. Muhammad Suhail Memon, Advocate files Vakalatnama on behalf of respondents No.5 & 6, which is also taken on record.

The alleged detainee is present in person and states that her marriage with the petitioner has since been dissolved and she was pronounced Talaque more than 90 days ago and now she does not wish to join the petitioner.

Learned counsel holding brief for counsel for the petitioner at this juncture, requests that the petitioner would not be interested to press this petition and the same may be dismissed as not pressed. However, learned counsel for the respondents No.3 & 4, states that the petitioner has been habitually filing false applications implicating the

alleged detainee Mst. Nazia (his ex-wife) as well as latter’s family members, and in an earlier case before 2nd Additional Sessions Judge, Shaheed Benzairabad being Miscellaneous Application No.2401 of 2018, it was ordered that in case the petitioner repeats this type of application, fine of Rs.50,000/- will be imposed upon him or he will be sent to jail for blackmailing his ex-wife and her relatives. Learned counsel for the respondents No.3 & 4, states that the instant petition is the continuation of such illegal acts of the petitioner, as such, fine will be imposed upon him as the lady had to spend entire previous night under police supervision for today’s court appearance causing terrible pains to her and embarrassment to her family.

On the other hand, the petitioner voluntarily gives his assurances that in future he will not institute any such petition or make any other application which may cause any harassment to her ex-wife or her relatives.

In view of the above, and the undertaking so given by the petitioner, this petition is dismissed as not pressed. However, with a caution to the petitioner to never repeat such kind of petitions or file any other application or causing any harassment to his ex-wife (alleged detainee), or her family members and to stay apart from them by all means, including mobile and internet.

JUDGE

Fahad Memon