Law:

Section:

(a) Muhammadan Law­ ----Gift --- Validity --- Oral gift by a Muslim --- Such gift does not require registration in terms of S.129, Transfer of Property Act, 1882 --- Transfer of property Act (IV of 1882), S. 129. (b) Muslim Family Laws Ordinance (VM of 1961)-­ S. 5 --- Constitution of Pakistan (1973), Arts. 35 & 199---Constitutional petition---Petitioner being sui juris of 20 years contracting marriage with a person of, her own choice without consent of her father --- Police Officer harassing spouses and interfering with their marital life --- Effect --- Marriage between spouses did not suffer from any legal infirmity --- Couple was, thus, entitled to live together to enjoy their marital life --- Police or any other State Agency has no authority to interfere in the marital life of couple where husband and wife are sui juris and they have contracted marriage with their own free consent --- Duty of Police or other State Agency lies in protecting marriage as enjoined by Art. 35 of the Constitution---Police was directed not to cause any narassment to couple or other members of husband's family -Anyboay feeling aggrieved by such marriage could approach the proper Court but police had no business to interfere in matrimonial disputes. JUDGMENT It is submitted by the learned counsel that the petitioner who is sui juris of 20 years of age has married Tariq Mehmood on 19-6-1996 with her own free will but without the. consent of her father. The respondent S.H.O. is interfering in the marital life of the couple without there being any case registered and is pressurising the petitioner's husband to divorce her. On these submissions, direction is sought in this Constitutional petition to the effect that the S.H.O. should not cause any harassment to the petitioner' and her husband. 2. Naziran Bibi is present in Court. She appears to be major of about 18/19 years of age and is also a sane person. Tariq Mehmood is also a major of about 25 years of age. The Nikahnama placed on the record shows that the dower amount is just Rs.5,000. Bashir Ahmed who is uncle's son of Tariq Mehmood has stated that in order to prove the bona fides of the marriage he has gifted a house owned by…

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