' It is submitted by the learned counsel that the petitioner who is sui juris df 20 years of age has married Tariq Mehmood on 19-6-1996 with her own free will but without the consent of her father.
The respondent S.H.O. Is interfering in the marital life of the couple without there being any case registered and is pressurizing the petitioner's husband to divorce her. On these submissions, direction is sought in this Constitutional petition to the effect that the S.H.O. Should not cause any harassm ent to the petitioner and her husband.
2. Naziran Bibi is present in Court. She appears to be major of about 18/19 years of age and is also a sane person. Tariq Mehmood is also a major of about 25 years of age. The Nikahnama placed on the record shows that the dower amount is just Rs,5,000. Bashir Ahmed who is uncle's son of Tariq Mehmood has stated that in order to prove the bona fides of the marriage he has gifted a house owned by him in Chak No,25 Jartoobi, Tehsil and District Sargodha in favour of Naziran Bibi by way of additional dower of this marriage. Statement of Bashir Ahmed has been separately recorded in this behalf. The oral gift has been accepted by Mst. Naziran Bibi. Bashir Ahmed has stated that he has also delivered the possession of the house to Mst. Naziran Bibi in furtherance of the gift. In these circumstances, the gift of the house situated in Chak No,25, Janoobi, aforesaid in favour of Naziran Bibi by way of dower has become complete, with the result that Naziran Bibi has become owner of the said house. It may be observed that a gift of this nature made by a Muslim does not require registration by virtue of the provisions of section 129 of the Transfer of Property Act.
3. I am satisfied that the bona fides of the marriage have been sufficiently established. It is stated by Naziran Bibi that Tariq Mehmood is otherwise related to her. In view of the facts narrated above, the marriage between Tariq Mehmood and Naziran Bibi prima facie does not suffer from any legal infirmity. Accordingly, the couple is entitled to live together and enjoy their marital life. Needless to observe that it is not the function of the police or any other State Agency to make interference in the marital life of the couple where the husband and the wife are sui juris and they have contracted marriage with their own free consent. Their duty lies in protecting the marriage as enjoined by Article 35 of the Constitution, which reads as follows:--- "The State shall protect the marriage, the family, the mother and the child."
' Accordingly, it is directed that respondent No, 1 shall not cause any harassment to the couple or other members of the husband's family. Anybody feeling aggrieved of this marriage may approach the proper Court for appropriate declaration but the police has no business to interfere in matrimonial disputes.
4. Copy of this order shall be communicated to the Tehsildar, Sargodha, who will sanction the mutation of gift in favour of Mst. Naziran Bibi regarding the aforesaid house, within one month.
5. The petition stands disposed of in the above terms.