ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

Constt: Petition No.D- 727 of 2023.  

Date of hearing                                Order with signature of Judge.

1.For orders on office objection as flag A.

2.For hearing of main case.                                  

12.12.2023.

                        Mr. Abdul Rehman Bhutto, advocate a/w petitioners.

Mr. Abdul Hamid Bhurgri, A.A.G a/w Mr.Aitbar Ali Bullo, D.P.G

                        Mr. Ali Anwar Kandhro, Addl. P.G.

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            Learned counsel for the petitioners contended that the petitioners have contracted love marriage on which parents of petitioner NO.1 were annoyed therefore, the petitioners were apprehending danger to their lives at the hands of private respondents/relatives of petitioner No.1, therefore they have maintained instant petition.

            In response to notice comments are filed on behalf of respondent No.2, taken on record. Mr.Imdad Ali Mashori files vakalatnama on behalf of respondents No.3 and 9 alongwith academic certificates of alleged abductee Mst.Tayeba, taken on record.  He contended that  Mst. Tayeba being 16 years old is under age therefore,  her marriage is not warranted under the  Sindh Child Marriage Restraint Act, 2013.

            ASI  Manzoor Ali P.S Rathan has recorded statement of alleged abductee Mst.Tayeba D/O Hafiz Noor Ahmed Kumbhar in which she has categorically stated that she has contracted marriage with petitioner No.2 Mohammad Yaseen  and  the case registered in respect of her abduction is false. Petitioner No.1 Mst.Tayeba present in Court affirms the above position and submits that she is happily residing with her husband and want to go with him.

            In view of above position, instant petition is disposed of with direction to the official respondents to act strictly in accordance with law and provide protection to the petitioners in accordance with law. I.O of Crime No.115 of 2023 under Section 365-B PPC of P.S Radhan Station is directed to file report in the light of statement recorded by the alleged abductee before concerned Court for disposal of the case in accordance with law. As regards the plea of underage of alleged abductee taken by learned counsel for the respondents, they may seek remedy before appropriate Court under the law.  Learned Addl. A.G as well as D.P.G  are directed to provide  police escort  to the couple so that they may reach house safely.

        JUDGE

JUDGE

shabir