' SH. RIAZ AHMED, J.---The petitioner Rashad Nazir seeks leave to appeal against the order dated 7- 6-1999 delivered by a learned Single Judge of the Lahore High Court in Chambers whereby it was directed that during the pendency of the petition Mst. Shazia Rashid be lodged in Darul Aman.
2. The facts in brief giving rise to the institution of this petition are that Mst. Shazia Rashid entered into contract of marriage with the petitioner Rashad Nazir of her own free will being sui juris, but against the wishes of her parents. The parents of Mst. Shazia Rashid retailated and got a criminal case registered under the provisions of section 342/365/5061452, P.P.C. Against the petitioner and his relatives. Mst. Shazia Rashid then filed a writ petition wherein she alleged that she had not been abducted and the allegations levelled in the F.I.R. Against her husband, the petitioner Rashid Nazir and his mother and others were baseless because she had at her own and without coercion entered into contract of marriage with Rashad Nazir.
3. When this petition came up for hearing, this Court directed Mst. Shazia Rashid and her parents as well as the petitioner, his sister, mother and brother-in-law to appear in this Court. Today all the aforesaid persons have entered appearance. Mst. Shazia Rashid at the very outset stated in Court that she wants to live with her husband being his lawfully wedded wife. Her statement annoyed her parents and they said that this was against the traditions of our society; the parents of Rashad Nazir should approach them and then they would perform the Rukhsati ceremony in the presence of their relatives. With a view to securing the future of Mst. Shazia Rashid, this Court inquired the amount of dower fixed by Rashad Nazir. We were informed that an amount of Rs,550 has been settled as dower. This Court then inquired from Rashad Nazir about his assets and he informed that he owns a plot in the industrial area of Islamabad/ Rawalpindi, which he would transfer in favour of Mst. Shazia Rashid. This Court then directed the partents/ elders of Rashad Nazir to meet the parents of Mst. Shazia Rashid on Wednesday, i.e, 14-7-1999 and by Friday, i,e, 16-7-1999 Rashad Nasir shall transfer the plot in favour of Mst. Shazia Rashid in lieu of her dower. After the announcement of the order, the parties left the Court. After about an hour or so, Mst. Shazia Rashid and her husband (petitioner) appeared in Court and stated that Mst. Shazia had been abandoned by her parents because of the statement made by her in the Court expressing her desire to live with her husband. On account of this development, we have no option but to grant leave to appeal to the petitioner to consider as to whether a sui juris could be directed to live in Darul Aman against her wishes. In addition thereto, we also direct that no further action shall be taken in pursuance of the F.I.R. Registered against the petitioner and his relatives. We also suspend the operation of the order dated 7-6-1999 and also the order dated 14-6-1999 whereby direction was given that Mst.
Shazia should be sent to the house of her parents in case of reconciliation and also the order dated 18-6-1999 whereby it was observed that in case reconciliation takes place, the F.I.R. Should be cancelled.