ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Constt. Petition No. S- 44 of 2021.

Date of hearing

Order with signature of Judge

22.02.2021.

1. For orders on M.A. No. 136/2021.

2. For orders on office objections.

3. For orders on M.A. No. 110/2021.

4. For hearing of main case.

Mr. Khadim Hussain Khoso, Advocate for petitioner.

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Through this petition, the petitioner has prayed for the following relief(s):

(a) To issue writ of rule-nisi for recovery of detainee Mst. Marvi wife of Arz Muhammad (petitioner) from custody of respondent No.4, through respondent No.3/ S.S.P Kamber-Shahdadkot @ Kamber and SHO P.S Guddu with direction to produce before this Court and she may be set at liberty.

(b) To award costs of the petition.

Learned counsel for the petitioner has placed on record a copy of Order dated 04.01.2021 passed in Crl. Misc. Appln. No.03/2021 by learned Additional Sessions Judge, Kashmore, which is reproduced as under:

“It has been reported by SHO that both parties are resident of Punjab. However, detainee Mst. Marvi has voluntarily appeared before this Court. Statement of lady has been recorded in which she has stated that her marriage with Arz Muhammad was performed according to Muhammadan law, after about one year her husband Arz Muhammad pronounced her Talak. She further stated that she has one son namely Shafaullah aged bout 03/04 months in custody of applicant. She stated that now she is living with her parents at their house. She also stated that she does not want to go with applicant/ husband as he has given her Talak and want to go with parents. It is argued by counsel for applicant that applicant has not given Talak to detainee. In view of such statement of detainee, she is set at liberty to go with her parents at their house under safe custody of police to be left at her desired place. The application stands disposed of accordingly. However, applicant is at his liberty to approach before concerned family Court respecting his claims.”

On query of Court, about maintainability of this petition in view of the impugned order passed by learned Additional Sessions Judge, Kashmore, the learned counsel for the petitioner has not been able to reply satisfactorily.

Since, same prayer has already been decided by the learned Additional Sessions Judge, Kashmore vide order dated 04.01.2021 passed in Crl. Misc. Appln. No.03/2021, where the alleged detainee had appeared; her statement was also recorded, in which she categorically stated that she has been divorced by her husband (present petitioner) and she was allowed to go and reside with her parents, leaving the petitioner/ husband at liberty to approach concerned Family Court. Even, then the petitioner has filed instant petition before this Court with same prayer.

In view of above circumstances, this petition being misconceived is not maintainable and is hereby dismissed in limine.

After the order dictated Mr. Khadim Hussain Khoso, Advocate for petitioner started shouting in open Court, though he was repeatedly asked to be a gentleman but he was shouting, his conduct fall within the ambit of misconduct, therefore, his case is sent to the Vice Chairman Sindh Bar council for initiating proceedings against him for misconduct and suspension of his practicing license with directions to submit report within fifteen days after receipt of this order through Additional Registrar of this Court.

Judge

Before signing of above order Mr. Khadim Hussain Khoso, Advocate appeared in Constt. Petition No. S- 25/2021 fixed at Serial No.20 of the cause-list and after proceeding with the case he submits his unconditional apology for his conduct and left himself upon the mercy of the Court and undertake that he will never repeat the same in future. In these circumstances, his unconditional apology is accepted with warning to be careful in future.

Judge

Ansari