IN THE HIGH COURT OF SINDH AT KARACHI

Const. Petition No. D-7961 / 2015

ORDER WITH THE SIGNATURE OF THE JUDGE        

 

1.        For orders on Misc. No. 38979/2015

2.        For orders on Misc. No. 38980/2015

3.        For hearing of Main Case.

1.        For orders on Misc. No. 38981/2015

28.12.2015

                        Mr. Zulfiqar Ali Khan, advocate alongwith petitioner

                        Mst. Zara Mir.

 

 

1.         Granted.

 

2.         Granted, subject to all just exceptions.

 

 

3&4.    Petitioner Mst. Zara Mir  submitts that she out of her love affair contacted marriage with one Tahir Hussain on 16.01.2014, subsequently she became pregnant from the said wedlock but the said pregnancy was miscarriage on 14.11.2015, therefore, she became serious ill and she has not been provided any medical treatment; that her husband pronounced her divorce verbally and she has already filed a Family Suit No. 842/2015 for dissolution of marriage by way of khula before the Court of Family Judge, Malir; that at the first instance, her father lodged an FIR under section 365-B PPC which was disposed of in ‘C’ class; that Respondent No. 7, Muhammad Moosa, father of her previous husband has lodged FIR No. 159/201 under section 364,452,337(H)-ii,337(1),147,148,149,504, PPC at P.S. Mirpur Mathelo on 16.11.2015 regarding her abduction; that her statement under section 164, Cr.P.C. was recorded by the Court of VI-Judicial Magistrate, Malir on 16.12.2015, which is available at page 39 of the file. Learned counsel for the petitioner contended that Respondent No. 7 with mala-fide intention to cause her harass has lodged the subject FIR to compel the petitioner and her family member for settlement of the issues according to their wishes. 

 

            Issue notice to the respondents as well as learned Advocate-General, Sindh for 13.01.2016. Respondent No. 5, SHO P.S. Mirpur Mathelo, District Ghotki is directed to appear in person alongwith I.O. of the FIR No. 159/2015 on the next date of hearing without fail. Respondents are directed to conduct themselves in the matter strictly in accordance with law.

 

                                                                                             J U D G E

                                               

 

                                                            J U D G E

 

Zahid Baig