ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C.  P.   No.S-893     of  2012

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

12.11.2012.

For Katcha Peshi.

Petitioner is present in person.  

Mr. Ali Raza Pathan, State Counsel, alongwith SIP Muhammad Hussain, Addl. S.H.O. PS Tangwani.

Respondent No.2 is present in person, alongwith alleged detenue Mst.Piyari.

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                   Through this Constitutional Petition, petitioner Hidayatullah has prayed for following reliefs :-

a) This Honourable Court may be pleased to issue RULE NISI through respondent No.1 and 3 directing them to recover the detainee Mst. Piyari wife of the petitioner from the custody of respondent No.2 and after her production before this Honourable Court her statement may kindly be recorded and in the light of statement of detainee, she may be set at liberty to go wherever she likes;

b) Award costs.

c) Grant any other relief which this Hon’ble Court deems fit and proper to the petitioner under the circumstances of the case.”

                   Notices were issued to the respondents as well as Addl. A. G.  SIP Muhammad Hussain, Addl. S.H.O PS Tangwani has produced the alleged detainee Mst. Piyari alongwith her father Jaffer, respondent No.2.  The statement of Mst. Piyari is recorded, in which she has categorically stated that she was married to petitioner Hidayatullah about two months back.  After that she lived in the house of Hidayatullah.  She was driven out of the house by Hidayatullah at the instance of his father.  Mst.Piyari has categorically stated that there is no danger to her life at the hands of her husband Hidayatullah.  She may be allowed to go with her husband Hidayatullah.  She is allowed to go with petitioner Hidayatullah.  Petitioner shall execute personal bond in the sum of Rs.100,000/- before the Additional Registrar of this Court for providing protection to the petitioner.  S.S.P., Kashmore at Kandhkot shall ensure safety and security of Mst. Piyari.  In these circumstances, petition is disposed of accordingly.             

                                                                                                JUDGE