The petitioner was married to one Falak Sher. Out of the said wedlock three issues took the birth.
Falak Sher is said to have divorced Mst. Mukhtar Mai petitioner through black and white. However no certificate has been issued by the Union Council in this regard. After the lapse of the period of Iddat Mst. Mukhtar Mai is said to have contracted her second marriage with one Muhammad Fayyaz. Thereafter FaIak Sher has obtained the assistance of the Police, Police Station City Kehror Pacca, District Lodhran. The police is harassing her entailing the making of this writ petition to get restrained the S.H.O. Police Station City Kehror Pacca from calling her to the Police Station and from harassing her at the instance of Falak Sher who is said to be under the shelter of the influential person(s) of the area.
2. I have heard the preliminary arguments. The fact that Falak Sher has divorced Mst. Mukhtar Mai petitioner cannot be determined white disposing of this writ petition as the same is within the jurisdiction of the Family Court. I am tempted to express that there are water-tight compartments of jurisdiction and the factum about the alleged divorce being effective comes within the purview of the jurisdiction of the Judge Family Court as expressed above. However, it shall also not be out of place to mention that the police is not competent to call any person male or female to the Police Station to settle a matter of the instant nature there. There are restraints on it as well. Yet another aspect of the matter cannot be lost sight of. In case Falak Sher is desirous to get registered a criminal case the police can proceed in accordance with law. I am also tempted to express that even a Judge Family Court can restrain the Police Officer from taking any action of the instant nature in case the harassm ent is made without any justification and there is a good case for the purpose. The crux of the matter is that in a civil case/family case the police has no jurisdiction to interfere. Such type of transgression on the part of the police, if any, not only offends the law of the land the same is also against legal ethics.
3. All the observations mentioned in this order have the legal force. However, the petitioner may seek the assistance of the Family Court in the light of what has been expressed above. Even if a criminal case is registered against the petitioner the dictum enunciated by the Supreme Court of Pakistan in PLD 1984 Supreme Court 95 famously known as Azam's case shall prevail.
4. This petition stands disposed of in limine.
C.M. 1/95
5. This application for dispensation of certified copies of documents has become' infructuous in view of the disposal of the original matter.