| Citation(s) |
|---|
| 2021 SLG 106 2021 SLD 106 2021 PLD 21 |
Sindh High Court
High Court Appeal No. 119 of 2012, decision Dated: 20th October, 2020, hearing Date : 20th October, 2020.
AQEEL AHMED ABBASI, JUSTICE RASHIDA ASAD, JUSTICE
Khawaja Shamsul Islam for Appellants. Nemo for
Respondents Nos. 6 and 7.
High Court Appeal No. 119 of 2012, decision Dated: 20th October, 2020, hearing Date : 20th October, 2020.
AQEEL AHMED ABBASI, JUSTICE RASHIDA ASAD, JUSTICE
Khawaja Shamsul Islam for Appellants. Nemo for
Respondents Nos. 6 and 7.
AHMED KULI KHAN KHATTAK AND ANOTHER
VS
CREEK MARINA (SINGAPORE) PVT. LTD. THROUGH CHIEF EXECUTIVE OFFICER AND 6 OTHERS
Law:
Section:
ORDER TARIQ SALEEM SHEIKH, JUSTICE:---.--- Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the Petitioner has challenged the vires of order dated 31.7.2019 passed by Magistrate Ist Class, Multan and seeks release of his wife Mehvish Bibi from Dar-ul-Aman, Multan. 2. Brief facts of the case are that on 18.4.2019 Mehvish Bibi daughter of Respondent No.3 contracted marriage with the Petitioner without the blessings of her family. Respondent No.3 lodged FIR No.242/2019 dated 22.6.2019 at Police Station Saddar Shujabad, District Multan, for an offence under Section 365-B, P.P.C. Thereafter, she filed Writ Petition No.9705/2019 before this Court seeking direction to SHOs of Police Stations New Multan, Saddar Shujabad and Saddar Lodhran to refrain from harassing her which was disposed of vide order dated 25.6.2019 and the CPO, Multan, was directed to look into the matter. Mehvish Bibi then filed Writ Petition No.10785- Q/2019 for quashing of FIR No.242/2019, supra, which was disposed of as not pressed vide order dated 18.7.2019 when the Investigating Officer made a statement that he would finalize the investigation expeditiously. On 15.7.2019 Mehvish Bibi moved an application before Magistrate Ist Class, Multan (Respondent No.1), praying that she may be sent to Dar-ul-Aman because she was apprehending danger to her life. The Magistrate accepted the application vide order dated 15.7.2019. A week later, on 23.7.2019, she moved another application before the Magistrate for her release from Dar-ul-Aman. On 31.7.2019, she was produced before the Magistrate and she got recorded her statement to the effect that she did not feel threat to her life any more and wanted to leave the sanctuary. Respondent No.3 produced her Form-B showing that she was 13 years old minor and urged the Magistrate to hand over her custody to him as he was her natural guardian. The Magistrate agreed and vide order dated 31.7.2019 directed the Superintendent, Dar-ul-Aman, to hand over the girls custody to the natural guardian or the guardian appointed by the Court and, if she refused to go with him, keep her in Dar-ul-Aman in accordance with law…
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