1. ZULFIQAR AHMAD KHAN, J.-- This petition is moved primary against the private respondents who are relatives of Mst. Aasma Alam; who had contracted marriage with the son of the petitioner namely Muhammad Sulleman by way of freewill. Copy of Nikahnama and affidavit of freewill are attached as Annexures A and A-1. Mst. Aasma and Muhammad Sulleman also moved an application under section 22- A, Cr.P.C. seeking protection before the court of Sessions Judge/Justice of Peace, Shaheed Benazirabad in Cr.Misc.Appl.No.1406 of 2018, where in terms of order dated 18.07.2018, official respondents were directed to provide legal protection to the applicants and act as per law and copy of the order was directed to be sent to SSP Shaheed Benazirabad for necessary action. Thereafter, petitioner Rustam (father of Muhammad Sulleman) moved an application under section 491, Cr.P.C. against the raid conducted on his premises as well as that during those proceedings, Mst. Aasma was forcibly taken away from the applicant's house and was confined to Police Station Gupchani and it is stated that when she appeared before that Court she wished to go with the applicant in Criminal Miscellaneous Application No.1626 of 2018 after obtaining P.R. Bond in the sum of Rs.5,00,000/- from the applicant (father-in-law of Mst. Aasma), the detenue was set at liberty to go along with the petitioner (her father-in-law).
2. The twist in the story came where an FIR bearing Crime No.534 of 2018 was registered at Police Station Kanju District Sawat on 14.07.2018, stating that Mst. Aasma Alam had contracted an earlier marriage.
3. Through instant petition, protection is sought from the official respondents acting on their own and on behalf of the private respondents, and that no harassment be caused to the petitioner and his family members, as well as, proceedings taken against forcible confinement of Mst. Aasma in pursuance of FIR No.534 of 2018 be declared as void and illegal.
4. Learned counsel for the private respondents Nos.12 to 18 present along with respondent No.14 in Court states that neither private respondents have harassed the petitioner nor his family members. As well as they do not intend to do so however, with regard to the proceedings in pursuance of FIR No.534/2018 filed in Sawat, the learned counsel requests that the law to take its own course as per the said FIR.
5. Learned State Counsel states that they have already filed their comments and the official respondents have neither caused any harassment to the petitioner or his family nor they intend to do so and every protection provided under the law shall be extended to them.
6. Heard the parties and perused the material available on record.
7. Admittedly, Mst. Aasma Alam had contracted marriage with Muhammad Sulleman by way of freewill and sought protection from the appropriate Courts. Article 35 of the Constitution of the Islamic Republic of Pakistan guarantees protection to the family and ensures that no un-warranted exposure is made to such a holy alliance created in between two individuals, if the private respondents feel that Mst. Aasma has contracted second marriage; they may approach the Civil Court for the redressal of their grievances. As far as jurisdiction of this Court is concerned, she has sought protection from this Court as well as has clearly stated in her statement made on 17.8.2018 that she wants to go with her husband Sulleman along with her father-in-law, the present petitioner.
8. In the circumstances at hand, the petition stands disposed of with direction to the official respondents not to cause any harassment to the petitioner as well as to Mst. Aasma and her husband Muhammad Sulleman and that no arrest shall be made in pursuance of FIR No.534 of 2018 filed on 14.07.2018 on the allegation that lady has been abducted by the petitioner's son, since she has made a statement in Courts that she has not been abducted and that she wishes to live with her husband Muhammad Sulleman.