ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Misc. Appln. No.S- 94 of 2019

Date Order with Signature of Hon’ble Judge

For hearing of main case

(Notice issued)

25.02.2019

Mr. Muhammad Qayoom Arain, Advocate for the Applicant

Mr. Abdul Waheed Bhanbhro Advocate for Ajeeb Ali

Mr. Aftab Ahmed Shar, Additional PG for State

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The applicant by way of instant criminal miscellaneous application under Section 491 Cr.P.C has sought for production of Mst. Subhani to be set free, after recording her statement, as she being his legally wedded wife has been kept confined illegally by the private respondents.

2. Mst. Subhani is produced by the police, her statement is recorded by ASI Police Station Sobhodero, which is attested by learned Additional PG for the State, wherein it is stated by her that she wants to join the applicant as he is her husband.

3. Mr. Abdul Waheed Bhanbhro, by putting his appearance stated that Mst. Subhani was divorced by the applicant and thereafter she married with Ajeeb and now is running pregnancy from him. By stating so, he sought for dismissal of the instant application.

4. In response to above, it is stated by Mst. Subhani that she neither has been divorced by the applicant nor has married with Ajeeb, her signature / thumb impression on Nikahnama with Ajeeb has been obtained by administering some intoxicant substance to her and she is running pregnancy from the applicant.

5. Be that as it may, Mst. Subhani being sui juris is set free to go with person of her choice with advise to all the concerned to seek declaration with regard to validity or otherwise of divorce or subsequent marriage with Ajeeb, if any from the Court having jurisdiction.

6. The instant Criminal Miscellaneous Application is disposed of accordingly.

Judge

ARBROHI