Mashooq & another (Petitioner) VS P.O Sindh & others (Respondent)

ORDER SHEET

Constitution Petition No.S-943 of 2016

Date Order with Signature of the Judge

Fresh Case.

1.For orders on CMA No.4397/2016.

2.For orders on CMA No.4398/2016.

3.For hearing of main case.

2nd June, 2016.

Mr. Faisal Ahmed A. Memon, Advocate a/w petitioners.

1.Urgent motion is accorded.

2.Exempted subject to all just exceptions.

3.Petitioner No.2, present in court alongwith her counsel, says that being sui juris by exercising her right of free will without any coercion or force, she had contracted marriage with petitioner No.1 without consent of her parents. Copies of Nikahnama and Affidavit of freewill sworn by her have also been annexed with the instant petition. Petitioner No.2 further submits that after marriage, she is now living with her husband happily and performing her marital obligations. Learned counsel for petitioners submits that being antagonized upon marriage of petitioners, relatives of petitioner No.2 are causing threats to the petitioners and bent upon to cause murder on the pretext of honour killing or ‘KAROKARI’, therefore, they approached this Court for necessary protection of life, honour and property.

To marry is a right guaranteed under Article 35 of the Constitution of Pakistan and in the circumstances when the couple contracted marriage with their consent and freewill but without consent of their elders, it shall be very unsafe to call the married couple again and again in court. Under Article 29 of the Constitution it is not only the various organs of the State but persons performing functions in various organs of the State have also to perform their duties in the manner that promotes the principles of policy under Chapter 2, Part II of the Constitution, which includes Article 35.

In view of the above and keeping in view the legal sanctity attached to the marriage of petitioners, the instant petition stands disposed of with directions to official respondents to conduct themselves strictly in accordance with law and provide necessary legal protection to petitioners in the manner that no one shall cause them harassment. Let copy of this order be facsimiled to respondent Nos. 3, 4 and 5 with directions to provide necessary legal protection to the petitioners in the manner that they may not be harassed by the private respondents or anyone else acting on their behalf.

Aamir/PS J U D G E