ORDER SHEET
IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR
C.P. No.D-659 of 2020
Petitioner : Mst. Pari
Through Mr. Deedar
Ali M. Chohan, advocate
P.O. Sindh : Through
Zulfiqar Ali Naich, AAG
Date of hearing : 16.07.2020
Date of Order : 16.07.2020
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O R D E R
ADNAN-UL-KARIM MEMON, J: Petitioner Mst Pari has filed this petition under Article 199 of the
Constitution of Islamic Republic of Pakistan,
1973 on the premise that this court vide order dated 19.9.2019 passed in C.P
No. 248 of 2018
sent her to Drul Amman Sukkur. Per learned counsel, petitioner being sui juris
intends to marry with one Bungul Solangi with her own free will; that petitioner is major
and sui juris and there is no justification for
keeping her for indefinite period, a
sui juris lady, to Darul Aman against her consent and wishes. He next contended that
in the judgment reported as “Ali Muhammad Vs. The State and
others” (2013 SCMR 1484) The Hon’ble Supreme Court of Pakistan was also pleased to allow a sui juris lady to go and live, as desired by her. In compliance of order dated 07.0.7.2020 petitioner Mst. Pari Solangi
has been produced in Court by Director Darul Aman Sukkur. She states that she
intends to contract marriage with Bungul Solangi with her own free will and prayed for releasing her from
the custody of Darul Aman
Sukkur. Mr. Zulfiqar
Ali Naich AAG has no objection if the
petitioner is set free to contract a valid marriage in accordance with Muhammadan law. In view of the statement of petitioner Mst.
Pari Solangi, this petition
has served its purpose and disposed of with direction to the inchage Darul Aman
Sukkur to release
the petitioner Mst. Pari Solangi from the custody,
who is set at liberty to leave Darul Aman Sukkur with her wish and will. The SHO Police Station
‘C’-Section is directed to ensure
safe journey of petitioner, till her place of abode and ensure no harm shall be caused to
her.
In view of above,
instant petition stands disposed of in the above terms.
J U D G E
J U D G E
Ihsan.