ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

                                                C. P No.S-52 of 2010                        

DATE         ORDER WITH SIGNATURE OF JUDGE

FOR KATCHA PESHI.         

10-03-2010.

Mr. Abdul Hameed Bajwah, Advocate for the petitioner along with petitioner.

Mr. Shakeel Ahmed Shaikh, Advocate for Respondents No.2 & 3, along with Muhammad Sultan and Mst. Jannat, the Respondents No.2, 3 and the alleged detenue Mst.Shahnaz.

Mr. Mumtaz Alam Leghari, Assistant A.G, Sindh.

                                                                        =

                        Learned counsel for the respondents No.2 & 3 filed counter affidavit and attached copy of diaries-sheet of Family Suit No.02/2010, and according to him, the alleged detenue Mst. Shahnaz has already filed Family Suit against the petitioner for dissolution of marriage and maintenance. Learned counsel for the Respondents No.2 & 3 states that the matter is fixed for substituted service in the trial Court.

                        Since the Family Suit has already been filed, which is a proper and appropriate forum provided under the law, therefore, the petition has become infructuous as the alleged detenue present in the Court herself stated that she has filed the Family Suit for dissolution of marriage and maintenance against the Petitioner on her free will. The petition is disposed of accordingly. The petitioner may appear and defend the case in the Family Court according to law.

                                                                                                                        JUDGE.

A.C