' MUHAMMAD JEHANGIR ARSHAD, J.---Petitioner claiming herself to be sui-juris filed a Constitutional Petition No,4538/2005 titled "Mst. Zuhra Bibi v. Superintendent Darul Amaan and others" praying that she having contracted marriage with her free-will with Ali Sajid Nawaz without the approval of her parents, hence she apprehended danger to her life at the hands of her parents and other family members, she therefore, prayed that she be kept in Darul Amaan till further orders. The-said writ petition came up for hearing before my learned brother Ijaz Ahmad Chaudhry, J. And was disposed on 27-7-2005 with the following directions:-- "In view of the above the Superintendent Darul Amaan, Multan, is directed to keep the petitioner in Darul Amaan at the expense of the petitioner till she is released by the orders of this Court.
However, the petitioner can move application before this Court for her release from Darul Amaan when the notices shall also be issued to her father respondent No,5, before passing any appropriate orders. In the meantime, nobody will be allowed to meet the petitioner in Darul Amaan."
' Earlier to the said writ petition, the petitioner had also filed Writ Petition No,4224 of 2005 seeking registration of case against several members of his family levelling allegation of Zina-bil-Jabr. The said writ petition was also disposed of on 14-7-2005 with a direction to D.P.O., Sahiwal to inquire into the matter and get a criminal case registered, if commission of some cognizable offence was disclosed.
2. With the above background: the petitioner has filed this writ petition praying for her release from Darul Amaan by setting her at liberty. On 11-8-2005, when this petition came up for hearing, notice was issued to the S.H.Os. Police Station Ghalla Mandi and Shah Kot,District Sahiwal. Perusal of the file shows that on 13-9-2005 respondent No,2 namely Abdul Hamid (petitioner's father) appeared and stated that in fact the petitioner was married with one Azhar Iqbal on 7-1-2004; as such she could not marry Ali Sajid Nawaz on 10-10-2004 during the subsistence of her earlier marriage. My learned brother seized of the matter at that time, directed a thorough inquiry to be conducted in order to determine the validity of either of the two Nikahs of the petitoner, allegedly one with Azhar Iqbal and second with Ali Sajid Nawaz and S.H.O. Was directed to visit the place where Nikah had been allegedly performed, join the Nikah Khawan and other witnesses who allegedly participated in the said Nikah with Azhar Iqbal. However, prayer of the petitioner for her release from Darul Aman was withheld till the completion of inquiry, she was as such; ordered to be kept in Darul Aman and S.H.O. Was directed to join her with the inquiry proceedings in Darul Aman and case was adjourned for 10-10-2005, when the S.H.O. Made a categorical statement that the Nikah Khawan as well as the witnesses of alleged Nikah of the petitioner with Azhar Iqbal, have denied the performance of such Nikah. Whereas, the father of the petitioner vehemently stuck to his claim that she was given in marriage with Azhar Iqbal. The case was adjourned to today i.e, 11-10-2005.
3. Today, the petitioner has been produced by Superintendent, Darul Aman and case has been heard in presence of the parties as well as their learned counsel and the learned Assistant Advocate-General.
4. The learned counsel for respondent No,2 (Abdul Hameed) has strenuously contended that in view of direction of this Court dated 13-9-2005, the petitioner could not be set at liberty and same would amount to perpetuating or encouraging the immoral act of the petitioner who contracted marriage with Ali Sajid Nawaz on 10-10-2004 knowingly that she was already married with Azhar Iqbal on 7-1-2004.
5. Conversely, the learned counsel for the petitioner submits that petitioner being sui-juris contracted marriage out of her free-will and consent with Ali Sajid Nawaz and the allegation against her that she contracted this marriage in the presence of her earlier marriage with some Azhar Iqbal, was not only incorrect and mala fide but has also proved to be false during the inquiry conducted by the S.H.O. Under the direction of this Court.
6. I have considered the arguments of learned counsel for the parties.
7. The interim order dated 13-9-2005 has been perused, which is not the final order but was passed as interim arrangement. Admittedly, the petitioner is sui-juris, as such had inalienable right to contract marriage with the person of her own choice. She admits her marriage with Ali Sajid Nawaz and strongly refutes her alleged previous marriage with Azhar Iqbal. In order to cater such-like situation, the Hon'ble Supreme Court of Pakistan in the case "Muhammad Azam v. Muhammad Iqbal and others" (PLD 1984 Supreme Court 95), laid down the guidelines, whereby the question of determination of valid marriage was ordered to be raised before the Family Court constituted under Family Courts Act, 1964 and the findings of the Judge Family Court were declared as conclusive and even binding up to the Supreme Court. Keeping in view the above law declared by the Hon'ble Supreme Court,I am satisfied that the petitioner being sui-juris cannot be ordered to be kept in Darul Aman for an indefinite period, which is even otherwise violative of Article 10 of the Constitution of Islamic Republic of Pakistan, 1973 and this Court being the custodian of the Constitution cannot become a party by ordering her confinement in Darul Aman for an indefinite period against her wishes. Further right of marriage is also constitutionally protected right in terms of Article 35 of the Constitution and as held by the Hon'ble Supreme Court of Pakistan in the case "Hafiz Abdul Waheed v. Mrs. Asma Jehangir and another (PLD 2004 Supreme Court 219), it is the right and desire of sui-juris muslim girl to marry with a person of her choice and no person, including this Court, can dictate a sui-juris girl to disconnect her marital tie with her husband, just at the wishes or pleasure of her parents or to struck balance in the society. Prima-facie the Nikah of the petitioner with Azhar Iqbal becomes doubtful in the light of inquiry conducted by the S.H.O.
Under directions of this Court.
8. For what has been discussed above, by following the course set down by the Hon'ble Supreme Court in Azam's case and Abdul Waheeds's case, referred to above, this petition is allowed, the petitioner is set at liberty and Azhar Iqbal her alleged husband is directed to get a verdict about genuineness of his Nikah with the petitioner from a competent Court of jurisdiction (Judge Family Court), if so advised. The S.H.O., present in Court, is directed to ensure that no illegal harassment is caused to the petitioner or nobody should cause illegal interference in her matrimonial life with Ali Sajid Nawaz. It is further made clear that any observation/finding of this Court recorded in this order, is purely tentative in nature and will have no bearing or binding effect on decision of the matter, if so agitated, before the Judge Family Court.