Case Details

Citation(s)
2010 SLG 2678 2010 SLD 2678 2010 PLD 61
Quetta High Court
Constitutional Petition No. 97 of 2010, decided on 29th April, 2010. DATE of hearing: 27th April, 2010
QAZI FAEZ ISA, C, J AND SYEDA TAHIRA SAFDAR, J
Masoom Khan Kakar for Petitioners. Nasrullah Achakzai, Addl. A.G. for
Respondents

Mst. GIRAN NAZ alias SHAGUFTA BIBI

VS

THE STATE and 2 others

Law:

Section:

Constitution of Pakistan (1973)--- ----Arts. 4, 31, 35 & 199---Constitutional petition---Petitioners sought directions to Superintendent, Dar-ul-Aman to arrange their marriage and release female petitioner from Dar-ul-Aman thereafter---Court below did not permit petitioners to contract court marriage and set the pre-condition of settlement with the parents of the girl and her custody to them-Validity-Article 4 of the Constitution mandated that no person could be prevented from doing or be hindered in doing that which was not prohibited by law and that it was an inalienable right of every citizen to be treated in accordance with law---Law did not prevent an adult lady from marrying an adult man of her choice---Article 35 of the Constitution required the State to protect the institution of marriage---High Court ensured during hearing of the case that female petitioner was old enough to understand the ramifications of her decision, therefore, petitioners could not be prevented from marrying each other---Orders of courts below were set aside and Superintendent Dar-ul-Aman was directed to arrange the marriage of petitioners and allow the female to leave Dar-al-Aman---Petition was accepted. Surah Ar-Rum (30) Verse 21; Surah Al-Baqara (2), Verse 187; Surah Ash-Shura (42), Verse 11; Surah Az-Zumar (39), Verse 6; Surah Al-Naba (78), Verse 8 and Surah An-Nahl (16), Verse 72 quoted. JUDGMENT QAZI FAEZ ISA, C.J.---Petitioner No.1, Mst. Giran Naz alias Shagufta Bibi daughter of Babu Dostain, and Petitioner No.2, Noor Ullah son of Shaista Khan, have filed the instant petition under Article 199 of the Constitution seeking directions to be issued to Superintendent Dar-ul-Aman, Quetta to arrange their marriage according to injunctions of Islam and thereafter Petitioner No.1 to be released from Dar-ul-Aman as wife of petitioner No.2. The petitioners are residents of District Loralai. Petitioner No.1 left her house because her brothers were not willing to give her hand to the petitioner No.2 in marriage and she took shelter in Daru-ul-Aman, Quetta in February, 2009. As per the affidavit of the petitioner No.1 her father is dead and she has a mother, three brothers and a…
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