Case Details

Citation(s)
2021 SLG 706 2021 SLD 706 2021 CLC 526
Sindh High Court
Constitution Petition No. S-1524 of 2019, decided on 13th January, 2020, Date of hearing: 13th January, 2020.
AFTAB AHMED GORAR, JUSTICE
Muhammad Umar Panhwar for Petitioner.

MST. NAZIA MUGHAL AND ANOTHERS

VS

GOVERNMENT OF SINDH THROUGH SECRETARY AND 11 OTHER

Law: Constitution of Pakistan, 1973

Section: 35,9,29,199

Constitution of Pakistan--- ----Arts.35, 9, 29 199---Constitutional petition---Protection of family---Security of person---Principles of Policy---Scope s sought direction to the police officials to provide necessary protection in the manner that no one would cause them harassment s had contracted marriage by exercising their right of freewill---Validity---Major and sane persons, both male and female, had the right to contract marriage with their own free will guaranteed under Art.35 of the Constitution---Not only Art.35 of the Constitution but the very fundamental right guaranteed under Art.9 of the Constitution was violated where a duly married couple was compelled to separation through coercive measures by police or any other person---Under Art.29 of the Constitution it was not only the various organs of the State but persons performing functions in various organs of the State had also to perform their duties in the manner that promoted the Principles of Policy under Chapter 2, Part II of the Constitution, which included Art.35---Constitutional petition was disposed of with direction to the authorities to conduct themselves strictly in accordance with law and provide necessary legal protection of life, honour and property to the petitioners in the manner that no one would cause them harassment. Mst. Sajida Bibi and others v. Incharge Chouki No.2 Police Station Saddar, Sahiwal PLD 1997 Lah. 666 ref. ORDER AFTAB AHMED GORAR, J.---- Through this Constitutional Petition, petitioners have made a prayer for directions to the official respondents to provide necessary protection in the manner that no one shall cause them harassment. 2. Perusal of averments of petition reveals that petitioners have contracted marriage by exercising their right of freewill. Copies of Nikahnama and Affidavit of freewill have also been annexed with the instant petition. Petitioner No.1 has stated in the petition that being sui juris, without any coercion or force she had contracted marriage with the petitioner No.2 and being antagonized upon such marriage of petitioners, the relatives of petitioner No.1 are causing threats to both the petitioners, more particularly to petitioner No.2 and…
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