ORDER SHEET

 

IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

HYDERABAD.

             

Cr. Misc. A.  No. S – 202   of 2016.

 

DATE                                     ORDER WITH SIGNATURE OF JUDGE

13.06.2016.

 

                        FOR HEARING

           

Mr. Mujahid Abbass Kolachi, Advocate for the applicant along with the applicant.

Mr. Shahid Ahmed Shaikh, Asstt. P.G. for the State along with ASI Atta ul Haq of Police Station Lundo.

Mr. Muhammad Jameel Khan has filed Vakalatnama on behalf of Mst. Kulsoom which is taken on record.

 

 

            On the last date S.H.O. of P.S. Lundo District Sanghar, was directed to recover the alleged detenue Mst. Kulsoom and produce her before this Court.

 

            Mst. Kulsoom is also present in person. She states that under duress her marriage was contracted with respondent No.1 Mehboob and she wants to go with her mother therefore, the ASI of Police Station Lundo was directed to record her statement. Her statement has been recorded by the ASI present in Court wherein she has reiterated that she wants to be with her mother.

 

            In the second round Mr. Muhammad Jameel Khan Advocate was called absent. One Niaz Hussain brother of respondent No.1 is present and he submits that Mst. Kulsoom contracted marriage with his brother Mehboob Hussain without any duress or intimidation.

 

            Since the alleged detenue is sui juris therefore in view of her statement she is allowed to go with her mother Mst. Qureshan. However, respondent No.1 would be at liberty to approach the Family Court for the restitution of conjugal rights if so advised.

 

            The ASI present is directed to provide protection to the petitioner and Mst. Kulsoom so that they may reach to their abode.

 

            This criminal miscellaneous application stands disposed of in the above terms.

 

                                                                                                JUDGE                     

A