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2012 YLR 1901

NOOR UL AIN vs D.P.O., KASUR and others

Citation2012 YLR 1901
CourtLahore High Court
Case No.Writ Petition No.4150 of 2012
Date2012-02-23
Judge(s)Mazhar Iqbal Sidhu
ResultOrder accordingly

ORDER

' MAZHAR IQBAL SIDHU, J. Through the instant constitution petition, the petitioner has made a rap at the portal pf this Court to seek protection/ safeguard from the respondents mentioned in the petition on the ground that she being aged of twenty six years and M.B.B.S. Doctor has solemnized her marriage with Ghulam Moh-ud-Din of her own free-will and volition on 12-9-2011, the same has duly been registered in town/union council, City Sadiqabad, District Rahim Yar Khan, Nikahnama has duly been registered, copy of the same as Annexure-A is available on the file along with her sworn affidavit being averse and dejected of centuries old conventions, customs and superstitiousness in the Baloch Tribes and now she and her husband feel premonition by the respondents Nos. 5 to 7; that couples or any one of them particularly the petitioner may not be made flat line, their matrimonial life may not be made in a state of constant fear, the couple may not be deoxygenated in the home land or may not be vexed to quit the home land for their safety .In future, the knot of union through marriage may not be broken as under the Constitution of Islamic Republic of Pakistan, it is the duty of the State that every subject of the State must be safeguarded and life, liberty, marriage and matrimonial life may not only treated as sacred but also saved like any precious thing and if this protection is not provided to the couple then every prospect exist of any untoward incident either with both or any of them might occur at any time.

2. Learned counsel submits that as per the text of Surah-Al-Nisa of Holy Qur'an, Ahadees of Muhammad (Sallallahu Elahe Wa'alehe Wasallam) under Muhammadan Law as well to some extent personal law of the subject permit that a man and a woman can marry with one and other by their own free will and accord provided they are san and adult by proposal and acceptance.

Learned counsel further submits that the petitioner hails from Mir Pur Mathelo, District Ghotki, Sindh and belongs to a Tribe of Patafi Baloch, did her M.B.B.S. From Ghulam Muhammad Mehr Medical College, Sukhur and before her final professional examination came at Sadiqabad, District Rahim Yar Khan and solemnized her marriage with Ghulam Mohy-ud-Din/respondent No. 8 under Muslim Rites and then again returned to hostel of said college for completion of her M.B.B.S.; the parents of the petitioner after M.B.B.S. Intended to marry her against her wishes, on her refusal, she was not only, confined but was also maltreated and she escaped herself from the clutches of respondents Nos. 5 to 7, came to her husband and also apprised her family members about her Nikah with respondent No. 8 whereupon they are behind the petitioner to kill he at any cost. Learned counsel further adds that the petitioner has not done any act or omission made punishable to her and her husband by any law of the land enforced. Lastly it has been submitted that in absence of Wali of adult sane, a woman can contract her Nikah of her own choice, therefore, in these circumstances the petitioner and her husband are required to be protected futurely.

3. Heard. Record perused.

4. Documents available on the file OA have been gone through. The petitioner and her husband have also been personally heard. Both of them are highly educated, happy over their marriage, both feel satisfied and contended by their union through the Nikah and if they are not protected they may suffer an irretrievable loss in. Future. Considering and assessing all peculiar circumstances being faced by them and to secure them in future, concerned law enforcing agencies especially the Police of Province of Punjab are directed to provide protection and safety to the petitioner and her husband or any one of them may be at any time in the Province of Punjab, Pakistan whenever the same is demanded.

5. Disposed of accordingly.

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