2006 YLR 65




Per Muhammad Jehangir Arshad, J-

Constitution of Pakistan (1973) Arts. 199, 10 & 35-
R/w Criminal Procedure Code (V of 1898) S. 491-

I am afraid how in this state of affairs Mst. Husina Bibi can be kept in Darul Amaan for an indefinite period which is not only violative of fundamental rights under Art. 10 of the Constitution but also militates against the right of marriage protected by Constitution under Art. 35.

I am therefore, satisfied that despite lapse of seven months from the decision of this Court in earlier Writ Petition No. 773 of 2005 on 7-3-2005 for one reason or the other the matter is being kept pending. Even the District Police Officer, Muzaffargarh did not care to take action against the person responsible for sending the thumb-impression of a wrong person and for the act of public servant petitioner who being sui juris cannot suffer and be detained in Darul Amaan indefinitely against her wishes. Prima facie petitioner claims herself as the wife of Ghulam Nazak even otherwise as declared by Honourable Supreme Court of Pakistan in Abdul Waheed Repori v. Aasima Jehangir 2004 Sc 219 it is the exclusive right of a sui juris Muslim girl to decide with whom to marry and she cannot be compelled to disassociate her relations with her husband and for the simple reason that her marriage is not approved by her parents.

The upshot of the above discussion is that this petition is allowed. The petitioner being a sui juris Muslim girl is directed to be released from Darul Amaan. She may accompany her husband, namely, Ghulam Nazak.

This petition is accordingly disposed of, however, the findings of the Judge Family Court shall decide the fate of criminal case. The A.S.I shall ensure that no person shal cause illegal harassment or interfere in the matrimonial life of the petitioner. [pp. 67,68] A,B,C,D & E

Petition allowed

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