ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P No.D-1307 of 2014

DATE        ORDER WITH SIGNATURE OF JUDGE

1. For katcha peshi.

2. For hearing of MA No.7261/2014.

16-04-2015.

Mr. Hussain Bux Solangi advocate for the petitioners.

Petitioners are present.

Mr. Sher Muhammad Laghari State Counsel along with SIP Nooruddin Brohi SHO PS Khorwah.

Respondent No.5 is present.

Mr. Pir Bux Lakho advocate files Vakalatnama for respondent No.5, which is taken on record.

According to the averments made in the petition the petitioners contracted marriage on 05-06-2014 and they have approached this Court for seeking protection and also for quashment of FIR No. 31/2014 lodged by respondent No.4 at PS Khorwah claiming to be the first husband of the petitioner No.1.

The order dated 10-02-2015 shows that the counsel for the petitioners took the plea that despite restraining order, the respondent No.2 in collusion with private respondents taken away the petitioner No.1 from the house of petitioner No.2 and she is under unlawful confinement. The respondents No.1 to 3 were directed to recover the petitioner No.1 and produced her in this Court and similar directions were repeatedly passed.

Today, SHO PS Khorwah recorded the statement of the petitioner No.1. She is also present in Court with her father Imam Bux. The Court had also asked whether she wants to join petitioner No.2, on which, she totally denied and submits that she is happy with her father and she was forced to file this petition in this Court.

Since the petitioner No.1 on her own will residing with her father so her stay cannot be treated unlawful confinement or detention. So far the petitioner No.2 is concerned, who is claiming to be her husband, he may file appropriate proceedings in the Family Court in accordance with law and for the quashment of the FIR the petitioner No.2 may approach to the concerned Court and file appropriate application.

The petition is disposed of accordingly along with pending application. However, the respondents shall not cause any harassment to the petitioner No.2 and they will act in accordance with law.

JUDGE

JUDGE

A.C