ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

HYDERABAD.    

C.P. D  – 313    of 2015.

DATE                                      ORDER WITH SIGNATURE OF JUDGE

23.04.2015.

FOR KATCHA PESHI.

 

Syed M. Waseem Shah, Advocate for the petitioner along with the petitioner.

 

Syed Shafique Ahmed Shah, Advocate for respondents No.4 & 5.

 

Mr. Sher M. Leghari, State counsel.  

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            The petitioner had sought directions against the respondents No.2 and 3 to recover the wife of the petitioner namely Mst. Zubeda from the illegal and improper custody of respondents No.4 and 5.

            On last date Syed Shahzad Ahmed Shah, Advocate had filed Vakalatnama for respondents No.4 and 5 and admitted that wife of petitioner is residing with respondent No.4 who is her father. The counsel for respondents No.4 and 5 was directed to ensure the presence of Mst. Zubeda on the next date.

            Today she is present in Court and she has categorically stated before this Court that she has contracted marriage with the petitioner on 15.12.2014 and also admits her Nikahnama and affidavit of free will which are available on record.

            To a question raised by this Court whether she wants to join her husband or to live with her father. She clearly stated that she wants to go with her husband (petitioner).

            The learned counsel for respondents 4 and 5 argued that earlier also same petitioner filed criminal miscellaneous application No.01 of 2015 before the District Judge Tando Allahyar and when Mst. Zubeda was produced in Court she denied the allegation of illegal confinement so after recording her statement the petition was disposed of with the observation that Mst. Zubeda is major and she has herself has stated that she is residing with her father Khan Mohammad and wants to live with him. He further submits that one Jan Mohammad contracted marriage with Mst. Zubeda on 14.11.2014 but he is not present in the Court.

            The filing of earlier criminal miscellaneous application under section 491 Cr.P.C. does not mean that Mst. Zubeda cannot change her mind and she cannot join her husband. May be at that time she was happily living with her father but today she has stated in open Court that she wants to go with her husband (petitioner) and this has been stated while she came from her father’s house so much time was available for reflection and it is not the case that she has been forced or pressurized to give this statement in open Court.

            So far as the allegation of earlier marriage is concerned this Court cannot decide the family dispute and the proper forum is to approach to the Family Court where the suit for conjugal rights or the jactitation of marriage may be filed and decided. The parties may file proper proceedings. Since it is an admitted fact that Mst. Zubeda is sui juris so she can decide by her own as to where she wants to go.

            As a result of above discussion Mst. Zubeda is allowed to go with her husband Ameer Bux. The learned A.A.G. is directed to call the police officials from the Police Station Cantonment Hyderabad, for providing protection to the petitioner and her wife so that they may reach to their abode safely.

            The petition is disposed of accordingly.

 

                                                                                                            Judge

                                                                        Judge

 

A.