' MUHAMMAD JEHANGIR ARSHAD, J.---When this writ petition came up for hearing on 28-1-2005 Mst.
Rafia Bibi petitioner was not present, hence the same was adjourned for today with the direction that petitioner as well as her husband Ashiq Hussain enter appearance on today.
2. Today both have entered appearance. Both claim themselves as major and have entered into marriage with their free consent vide Nikahnama dated 19-1-2005. The grievance shown in the petition is that respondent No.1-S.H.O. At the instance of respondents Nos.2 to 4 is causing illegal interference in the peaceful enjoyment of their matrimonial lives whereas right of marriage has been protected under Art.35 of the Constitution of Islamic Republic of Pakistan, 1973 and they being major have committed no offence by contracting marriage of their own. Since both Mst. Rafia Bibi petitioner and her husband Ashiq Hussain are major and they have admitted themselves as wife and husband, hence in view of the law declared by Hon'ble Supreme Court of Pakistan in "Abdul Waheed v. Asma Jehangir" (PLD 2004 SC 219) respondent No.1 S.H.O. Has got no authority to interfere in the peaceful enjoyment of their matrimonial lives. Respondent No.1-S.H.O. Is accordingly directed to refrain from causing any illegal harassment and interference in the peaceful enjoyment of their matrimonial lives.
3.Before parting with the order it is pointed out that in the relevant entry of Nikahnama a meagre amount of Rs.500 has been fixed as Hagul-Mehr which by no stretch of imagination can be considered as reasonable amount keeping in view the present socio-economic condition of the country and also the Fundamental Principle of Muslim Jurisprudence equally protecting the rights of a female. In this view of the matter when I asked Ashiq Hussain whether he was willing to raise the amount of Haq-ul-Mehr from Rs.500 to Rs.50,000 he readily agreed and in token thereof has placed on record written agreement Mark 'A' initialed by me which shall form part of this petition and attested copy of the same shall be sent by the office to the Secretary, Ward No.18, Union Council, Shaidani Tehsil Liaqat Pur with the direction to paste the said copy on the back of the said Nikahnama and from today the relevant Entry No.13 of Nikahnama relating to amount of Haq-ul- Mehr in Nikahnama shall be considered as Rs.50,000 payable on demand instead of Rs.500.
4. With these observations and the above mentioned direction this petition stands disposed of.