IN THE LAHORE HIGH COURT MULTAN BENCH MULTAN

W.P. No._________________/2024

Shabana wife of Amir, Cast Maey, residence of Mouza Miran Pur Tehsil
Mailsi & District Vehari.

……PETITIONER
Versus

1. S.H.O. Police Station Miranpur , Tehsil Mailsi District Vehari

2. S.H.O. Police Station City Mailsi , Tehsil Mailsi District Vehari
3. S.H.O. Police Station Saddar Mailsi , Tehsil Mailsi District Vehari
4. Bashir Ahmad S/O Meer Muhammad
5. Javed S/O Wahid Bukhsh
6. Khadim S/O Paral Khan
7. Kambeer Khan S/O Meer Muhammad
8. Safdar Ali Khawar S/O Muhabat Khan
All residence of Kachi Aabadi, Juma Goth, Bukhsh Juma Goth
block 11 Gulistan Iqbal Karachi.

......RESPONDENTS

WRIT PETITION UNDER ARTICLE 199 OF THE

CONSTITIUTIONOF ISLAMIC REPUBLIC OF
PAKISTAN 1973.

Respectfully Sheweth,

1. That the names and addresses of the parties are given in the head note of the
instant writ petition for the purpose of effecting services and all other allied
communications.

2. That, the brief facts giving rise to the instant writ petition are that petitioner
being sui-juris, major, adult, divorced and aged about 22 years contracted
marriage with her own free will and consent with Amir son of Abdul
Ghafoor , caste maey, resident of Mouza Miran pur, Tehsil Mailsi , District
Vehari according to the dictations of Islam on 07-02-2024 against the wishes
of her father. Copy of Nikkah Name is being appended herewith as
Annex A.

3. That, the petitioner before was married with sajjad out of this wedlock two
baby girl namely Kinat & Afroz were born in which one namely Kinat aged
3-year is under my care and guardianship living happily that first husband
sajjad divorced the petitioner on dated:22-07-2023.
4. That the respondent No. 8/ father of the petitioner again wanted to give the
hand of the petitioner to some other person, whereas, the petitioner did not
like him, as the petitioner was being forced to contract marriage according to
the wishes of her father

5. That the petitioner apprehending her dark future and nefarious designs
netted by her parents, left the house and went to house of Amir and she being
adult major and sui-juris contracted Nikah with Amir on 07-02-2024
according to dictations of Islam and started to perform her matrimonial
obligation in the house of her husband.

6. That as soon as father of the petitioner and other big wigs of brother and
Illaqa came to know about this fact of Nikkah of the petitioner, they became
furious and on dated 06-03-2020 at about 10:00PM, the respondent No.2 to
8 along with many other officials came to the house of the petitioner forcibly
entered and tried to abduct the petitioner but failed on the intervention of
inhabitants of locality. The private respondents are trying to get the physical
possession of the petitioner to meet their nefarious designs and to satisfy their
aspirations of dissolving the marriage of the petitioner. The respondents’ No.
4 to 8 , who are influential persons of the Illaqa, have pressurized the police/
respondent No. 2 to conduct the raid for the recovery of petitioner and the
police of various police stations is conducting raid for recovery of petitioner
and in this way petitioner is living a horrible life in a scare of police who had
turned her life miserable, whereas the petitioner has not committed any sin or
offence and the respondents No. 2 to 3 are transgressing their authorities.

7. That the petitioner approached the respondents No. 1 to 3 through the

relative of Amir /husband of the petitioner and apprised all the facts about
their marriage and also requested the DPO Vehari to interfere in the matter
and perform their lawful duty and protect the lives of the petitioner and her
husband as guaranteed in the constitution but no one is ready to redress the
grievances of the petitioner and her husband.

8. That under Article 35 of the Constitution of Islamic Republic of Pakistan 1973,

the State shall protect the marriage the family, the mother and child, therefore
the respondents No. 1 to 3 being state functionaries are duty bound not only
to protect the lives and liberties of the citizens but also to protect matrimonial
lives, but in present case they have been failed to perform his lawful duties in
accordance with law.

9. That respondent No. 4 to 8 close relative of the petitioner who are very
influential person and they have approached the respondents No. 1 to 3
through the MNA and MPA of the Tehsil for the arrest of the petitioner and
her husband through police due to that reason the respondents No.1 to 3 are
not providing protection to the lives of the petitioner and her husband and
rather are transgressing their authorities. Hence the petitioner and her
husband could not return to their house and are changing their abodes due to
the scare of police respondents.

10. That the petitioner and her husband ran from pillar to post and beg for their
protection of lives as the petitioner and her husband apprehend their lives at
the hand of the brother and brother of petitioner who are adamant to kill the
petitioner in the same of honor killing. Hence the petitioner begs for the
indulgence of this Honorable Court for justice and protection of her life, her
husband’s life as well as her in laws.

11. That the respondents No.4 to 8 are not ready to accept her marriage with
Amir and threatened the petitioner that if the petitioner did not get divorce
from her husband she will be done to death or could be involved and implicate
in some fake fictitious criminal cases.

12. That the respondents No. 1 to 3 in connivance with the respondents No. 4 to 8
are continuously raiding the house of the petitioner’s husband for the illegal
recovery of the petitioner to handover the petitioner to the respondents No. 4
 to 8 and continuously disturbing the matrimonial life of the petitioner,
whereas, the petitioner is living with her husband happily and performing her
matrimonial obligations.

13. That it is important to note that neither the petitioner nor her husband have
been involved in any criminal case nor they are required by the police in any
case or complaint and no case stand registered against the petitioner as the
petitioner has not committed any offence or sin by contracting marriage
against the wills and wishes of her parents. Reliance is place on PLD 2004
SC 219.

14. That there is no other alternate, efficacious, speedy remedy available to the
petitioner except to invoke the extraordinary constitutional jurisdiction of the
Honorable Court.

PRAYER: -

Therefore, relying upon all above narrated submissions,

It is most respectfully prayed that this writ petition may
kindly be accepted and the respondents’ No. 1 to 3 may very
graciously be directed to remain within the domain of law
and not to harass or interfere in the peaceful matrimonial life
of the petitioner.

It is further prayed that the respondent No.1 may very

kindly be directed to provide protection to lives of the
petitioner and her husband, as they are apprehending their
death at the hands of her parents in the name of honor
killing.

Any other relief, which this Hon’able Court deems fit, just
and proper, may also be granted to the petitioner.

PETITIONER

Through
Counsel:
Dated: ______ March, 2024

MUHAMMAD AKRM AKHAN BALOCH

Advocate High Court
C.C.No. 10927

NOTE:

As per information furnished by the

Petitioner this is the first petition on the
subject matter is being instituted before
this Honourable Court.

COUNSEL