Law: Constitution of Pakistan, 1973

Section: 8,9&35

(a) Constitution of Pakistan---Arts.8, 9 35---Marriage with free consent---Sui juris---Harassment by close relatives---Held, that an adult sui juris Muslim girl could marry a person of her choice without the consent of her Wali---Common practice, prevailing in the society that whenever a marriage was contracted without the approval of families, close relatives make every possible effort to break that wedlock, was violative of Arts. 9 35 of the Constitution---State had bounden duty to protect the marriage, life and liberty of legally wedded couples/girl and her husband, present before the Court, were legally wedded wife and husband as their Nikahnama had been placed on the record and they owned the same---Court had ensured the identity of petitioner and her voluntariness to file the present petition---Public functionaries were directed to remain within the four corners of law and desist from causing harassment in illegal manner to the petitioner or her spouse---Constitutional petition was disposed of accordingly. Hafiz Abdul Waheed v. Mrs. Asma Jehangir and another PLD 2004 SC 219; Riaz Begum Alias Razia’s Case 2018 MLD 1714 and Mst. Sajida Bibi’s case PLD 1997 Lah. 666 ref. (b) Constitution of Pakistan--- ----Art.9---Right to marriage---Sui juris---Right to life---Scope---Duty of court---Article 9 of the Constitution had strenuously vouched for the protections of right to life of every person and it was the duty of the Constitutional Courts to protect and safeguard all the fundamental rights provided and guaranteed under the Constitution. Mst. Rukhsana and others v. D.S.P., Circle Sadikabad and others 2002 MLD 1048; Samina v. S.H.O. Police Station, Ghulam Abbad, Faisalabad and 2 others 2005 MLD 430; Mst. Sajida Bibi and another v. Incharge, Chouki No. 2, Police Station Saddar, Sahiwal PLD 1997 Lah. 666; Mst. Imrana Nazir v. S.P. Regional Investigation Bureau, Bhawalpur and 6 others 2009 YLR 1766; Naziran Bibi v. S.H.O. and others PLD 1996 Lah. 709; Mst. Saniya Bibi v. S.H.O. Police Station Saddar Rahimyar Khan and 8 others 2005 MLD 1190; Mst. Rafia Bibi v. S.H.O. and others 2005 MLD 1989 and Tahira Bibi v. SHO and others PLD 2020 Lah. 811 ref. (c) Constitution…

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