IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Constt. Petition No.D-1100
of 2024
|
DATE
OF HEARING |
ORDER WITH
SIGNATURE OF JUDGE. |
1.
For orders on O/objection at
flag-A.
2.
For hearing of CMA
No.4303/24.
3.
For hearing of main case.
15.08.2024
Mr.
Deedar Ali M. Chohan, Advocate for petitioner.
Mr.
Agha Athar Hussain AA.G
Mr.
Shafi Muhammad Mahar, D.P.G for the State.
Petitioner
Mst. Iqra produced in Court by Darul Aman authorities.
***************
Learned counsel for petitioner relies upon order passed by
this Court in C.P No.D-659/2020 dated 16.07.2020 and requires similar
treatment, however, in the present matter wherein the petitioner is present and
made a statement that she being sui juris requires to get married with Gulab
son of Muhammad Alam Khaskheli at her sweet wish and will the impugned order
dated 29.07.2024 in view of the statement made by the petitioner is not found
sustainable as the wish and will of sui juris woman is liable to be considered
in priority to the requirement of the impugned order which prima facie is absent of this very essential element. Accordingly
the said order is set-aside to which no one is present in opposition. Let
learned Additional District & Sessions Judge-V, Sukkur record the statement
of the petitioner and pass a fresh order in accordance with law within a period
of one week.
Petitioner Mst. Iqra produced by Darul Aman authorities is
remanded back with directions to Assistant Director Darul Aman, Sukkur to
produce her before learned Additional District & Sessions Judge-V, Sukkur
on 19.08.2024.
Matter stands disposed of accordingly.
J U D G
E
J U D G E
Ihsan/PS