ORDER SHEET

IN THE HIGH COURT OF SINDH,

  CIRCUIT COURT, HYDERABAD.

C.P.No.S-614 OF 2015.

DATE                        ORDER WITH SIGNATURE OF JUDGE

          1. For order on office objection.

          2. For katcha peshi.

20.10.2015.

Mr. Kanji Mal Meghwar, Advocate for petitioner, alongwith the petitioner.

Mr. Ashfaque Nabi Qazi, Assistant A.G. alongwith SIP A. Razak Jamali SHO P.S. Taluka Mirpurkhas and SIP Riaz Ahmed SHO P.S. Satellite Town, Mirpurkhas.

Mst. Imam Zadi, mother of the petitioner, is present in Court.

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          Through the instant constitutional petition, the petitioner has prayed for following relief(s):-

“a)      Direct the Respondents No.4 to 8 to ensure the safety and protection of lives, honour, prestige and property of the petitioner, his family and relatives and in future neither any harassment will be caused.

b)       Direct the Respondents No.1 to 3 not to harass the petitioner, themselves, through their agents, friends in any manner or means whatsoever, or to prevent her adopting legal formalities for her right.

c)       Direct the Respondents No.4 to 8 to provide legal protection to lives, honour, prestige and property of the petitioner against the High Handedness and atrocities of the Respondents No.1 to 3.

d)       Direct the Respondents No.4 to 8 to recover the children namely i)Baby Kainat aged about 16 years, ii) Baby Sanja aged about 14 years, iii) Baby Bushra aged about 10 years, iv) Baby Muskan aged about 12 years, v) Zameer aged about 08 years, vi) Baby Laraib aged about 1½ year from the custody of Respondents No.1 to 3 who have been snatched and illegal removed from the custody of Petitioner and then handed over the custody of children to the Petitioner.

e)       Cost of the petition may be saddled upon the Respondents.

f)        Any other relief which this Honourable Court may deem fit and proper under the circumstances of the case.”

          Notices were issued to the respondents as well as A.A.G. Comments are filed by respondents No.4 and 5, whereas Mr. Nawab Ali Kaka Advocate files Vakalatnama on behalf of respondent No.1, same are taken on record.  Copies of the comments provided to learned counsel for the petitioner.

          I have heard learned counsel for the petitioner, Mr. Nawab Ali Kaka, learned counsel for respondent No.1 so also Mr. Ashfaque Nabi Qazi, Assistant A.G. and Syed Meeral Shah, Deputy Prosecutor General.

          In view of the statement of the petitioner recorded by this Court today, I appears that petitioner is sui juris and mother of 06 children. She has serious threats to her life at the hands of her husband. She is produced from Darul Aman and desires to go with mother. Liberty of a person cannot be curtailed. Therefore, petitioner Mst. Iram Shah is set at liberty to go with her mother, who is present in Court. The SHO Police Station Satellite Town, Mirpurkhas is present. He is directed to provide protection to the petitioner and the SSP Mirpurkhas shall also ensure that no harm is caused to the petitioner and her mother.

          Let the copy of this order be sent to the SSP Mirpurkhas by fax for compliance, so also to the Incharge, Darul Aman with direction to release the petitioner Mst. Irum Shah. 

          The petition stands disposed of in the above terms.

                                                                                           JUDGE

S