ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

C.P. No.D-1609 of 2016

DATE        ORDER WITH SIGNATURE OF JUDGE

For katcha peshi.

30.06.2016.

Mr. Nasrullah Unar, Advocate alongwith petitioners.

Mr. Allah Bachayo Soomro, Additional A.G. a/w ASI Shoukat Ali Bughio o/b P.S Paban and SIP Manzoor Ali o/b of SSP Hyderabad.

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                   Mr. Nisar Ahmed Unar, Advocate has filed Vakalatnama for the respondents No.3, 4, 5, 6 & 8, which is taken on record.

                   In the first call we directed the Investigating Officer of Crime No.86 of 2016 Police Station Paban/Hoosri to record the statement of the petitioner No.1. According to the statement recorded by the Investigating Officer, the petitioner No.1 has clearly stated that she was married with one Shaman who divorced her nine months back. Thereafter, she has contracted marriage according to Shariah with petitioner No.2. The complainant of FIR No.86 of 2016 is respondent No.3 who is father of the petitioner No.1, who again claims that her earlier marriage is still in subsistence out of which wedlock the petitioner No.1 has three children, two sons and one daughter. At this juncture, the petitioner No.1 stated that one son Zakir and daughter Pathani are in the custody of the petitioner No.1, while the third son Zamin Ali is in the custody of her earlier husband Shaman. Since the FIR has been lodged under Section 365(B) PPC above and after the statement of petitioner No.1, she confirmed that no case of any kidnapping or abduction has been made out but she contracted marriage with her freewill, the Investigating Officer undertakes to submit the report before the concerned Magistrate in “C” Class for further orders.

                   In view of the above statement, this petition is disposed of. The respondents No.1 & 2 are directed to provide protection to the petitioners with further direction to the respondents that no harassment shall be caused to them. So far as, the matrimonial issue is concerned,
if the earlier husband of the petitioner No.1 still claims the matrimonial ties then he may approach to the concerned Family Court and also if there is any case of custody of Wards, the parties may also approach to the Family Court for appropriate orders for custody. The learned A.A.G will also make security arrangement for the petitioners in Court premises so that the petitioners may go to their abode safely.

                   The petition stands disposed of in above terms.

JUDGE

                                                JUDGE

Shahid