ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT HYDERABAD.

C.P. No. D — 311 of 2015.

DATE ORDER WITH SIGNATURE OF JUDGE

10.03.2015.

Miss Parveen Chachar, Advocate for the petitioners along with the petitioners.

Mr. Allah Bachayo Soomro, Addl. A.G. Sindh along with SIP Manzoor Ali on behalf of SSP Hyderabad, SIP Jan Mohammad P.S. SITE Hyderabad and SIP Zulfiqar Ali S.H.O. of P.S. Khipro.

Mr. Aijaz Bhutto, Advocate has filed Vakalatnama on behalf of respondent No.5 who is also present.

S.H.O. of P.S. Khipro has filed the comments which are taken on record. Copy has been supplied to petitioner counsel.

It is stated that the respondent No.5 has lodged the Crime No.19 of 2015 under section 365-B, 34 PPC and interim challan has already been submitted. The petitioner No.1 again submits before this Court that she has contracted marriage with petitioner No.2 with her free will without any duress and coercion.

The counsel for the respondent No.5 submits that the petitioner No.1 was already married thereafter second marriage was contracted with the petitioner No.2 while the petitioner No.1 denies and stated that she never contracted any marriage with any other person except the petitioner No.2.

This aspect cannot be questioned or decided in the constitutional jurisdiction of this Court however, the parties are at liberty to invoke the jurisdiction of Family Court where the petitioner No.1 may also approach and file suit for jactitation of marriage.

The learned A.A.G. submits that the S.H.O. of P.S. Khipro present in Court may record the statement of the petitioner No.1 and the same can be placed before the learned trial Court for further orders. He further argued that the S.H.O. may record the statement of the petitioner No.1 today in his office and submit the same along with report for recommendation of the case under ‘C’ class before the concerned Magistrate. The respondent No.3 is directed to record the statement of petitioner No.1 and submit the report before the concerned Judicial Magistrate.

The respondent No.5 is also directed not to harass the petitioner and the S.H.O. of P.S. Khipro is directed to provide protection to the petitioners in accordance with law. It is further directed that after recording the statement today the respondent No.3 shall also ensure the protection of the petitioners so that they may safely reached to their abode. Till such time the order is passed by the learned Magistrate the petitioner No.2 shall not be arrested in the above crime.

Petition disposed of in the above terms.

Judge