ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Constitutional Petition No. D-400 of 2010

                                                                                                         

          Date                       Order with signature of Judge                           

 

1.       For orders on Misc. No. 1588/2010.

2.       For orders on Misc. No. 1589/2010.

3.       For Katcha Peshi.

 

 

15th February, 2010.

 

          Mr. Nasarullah Malik, Advocate a/w petitioners.

 

>>>>>>>>>> <<<<<<<<<<<

 

1.       Granted.

 

2.       Granted subject to all just exceptions.

 

3.       It is, inter alia, contended by learned counsel that petitioner No.1 is sui juris and after swearing affidavit of freewill on 10.11.2009, she has contracted Nikah with petitioner No.2 on the same day. He states that petitioner Nos.1 and 2 also have a relationship of being cousins to each other; that is petitioner No.2 is the son of younger brother of petitioner No.1’s father. The counsel states that respondent No.6 who is mother of petitioner No. 1 has lodged an FIR No. 01/2010 at Woman Police Station, Karachi-South under Section 365-B/34 PPC against the petitioner No.2 and his father. He states that petitioners have not violated any law and that earlier through order dated 08.2.2010 in Criminal Petition No. 134/2010, Additional Sessions Judge, Karachi-South, on the application filed by petitioner No.1, has directed the Police Station Mehmoodabad, Karachi to record her statement under Section 154 Cr.P.C. and to take action in accordance with law with further directions to provide her security.

         

Issue notice to respondents as well as Advocate General, Sindh for 25th February, 2010, till then both the petitioners will not be arrested by the police officials.

 

 

                           J U D G E

 

 

J U D G E

 

Aamir/PS