2019 PLP 1594 (MLD)

AFTAB AHMED GORAR, J.

Through this Constitutional Petition, petitioners have made a prayer for directions to the official respondents to provide necessary protection in the manner that no one shall cause them harassment and no false FIR be registered against the petitioners.

2. Perusal of averments of petition reveals that petitioners have contracted marriage by exercising their right of freewill. Copies of Nikahnama and Affidavit of freewill have also been annexed with the instant petition. Petitioner No.1 has stated in the petition that being sui juris, without any coercion or force she had contracted marriage with the petitioner No.2 and being antagonized upon such marriage of petitioners, the relatives of petitioner No.1 are causing threats to both the petitioners, more particularly to petitioner No.2 and his relatives, hence they have approached this Court for necessary protection of life, honour and property.

3. Learned A.A.G. Sindh and learned D.P.G.Sindh submit that official respondents are legally bound to provide legal protection to all the citizen including the petitioner without any discrimination. They, after going through the record, ensure that official respondents shall conduct themselves strictly in accordance with law and provide legal protection of life, honour and property to the petitioners in the manner that no one shall cause them harassment.

4. Major and sane persons, both male and female have the right to contract marriage with their own free will guaranteed under Article 35 of the Constitution of Pakistan and when a marriage is contracted by a woman without the consent of her parents, it is often seen that effort is made by her parents to undo the marriage. In most of the cases this is done on account of the tribal customs or social taboos or on account of barbarism. However, such considerations have to yield to the constitutional commands, law and the Islamic Injunctions. It is not merely Article 35 but the very fundamental right guaranteed under Article 9 of the Constitution stands violated where a duly married couple is compelled to separation through coercive measures by police or any other person. Article 9 of the Constitution guarantees protection to life. This Article reads as under: "Security of person.

No person shall be deprived of life or liberty save in accordance with law."

5. This right inheres that the married couple is entitled to enjoy each other's company and to live together without fear or hindrance. If the spouses are deprived of their right to live together and they are compelled to live separately against their wishes then it will be a worst kind of violation of their fun amen al guaranteed Article 9 of the Constitution. The duty of the police is to act in aid of the Constitution and the law. Neither the police nor any other functionary of the State has any right to cause harassment to a married couple or their family members with a view to cause separation between the spouses.

6. Under Article 29 of the Constitution it is not only the various organs of the State but persons performing functions in various organs of the State have also to perform their duties in the manner that promotes the principles of policy under Chapter 2, Part II of the Constitution, which includes Article

35. The Police Department is an organ and authority of the State and it is the duty of the functionaries of the Police Department to see that they act in a manner which advances the dictates of the Constitution and not in a manner that will negate the Will of the Constitution givers. In respect of a bona fide marriage validly contracted and in consequence whereof the spouses are living together, the police or for that matter any other functionary of the State has no right to disturb the marital life of the couple. If a complaint is made to the police then, in given circumstances, the police can and should ascertain whether a valid marriage has taken place or not. Once the police officials come to know that a valid marriage has taken place, then brushing, aside any other social consideration, they must not act to disrupt or otherwise interfere in the marital life of the spouses as held in the case of Mst. Sajida Bibi and others v. Incharge Chouki No.2 Police Station Saddar, Sahiwal (PLD 1997 Lahore 666).

7. In view of statement made by learned A.A.G. Sindh and learned D.P.G. Sindh, it shall be futile exercise to linger on the instant petition, which is accordingly disposed of along with pending application with directions to official respondents to conduct themselves strictly in accordance with law and provide necessary legal protection of life, honour and property to the petitioners in the manner that no one shall cause them harassment.

8. Let copy of this order be facsimiled to S.S.P. concerned with directions to provide necessary legal protection to the petitioners and ensure that no person shall be arrested in connection with above mentioned FIR. MWA/B-15/Sindh Petition allowed.