2017 PLP 1530 (CLC)

SYED MUHAMMAD FAROOQ SHAH, J.

Urgent motion is accorded.

2. Exempted subject to all just exceptions.

3. Petitioners present in court along with their counsel say that being caste fellow and resident of same locality they contracted marriage by exercising their right of freewill. Copies of Nikahnama and Affidavit of freewill have also been annexed with the instant petition, however originals of them are seen and returned to the petitioner. Petitioner No.1 submits that being sui juris, without any coercion or force she had contracted marriage with the petitioner No.2 and now she is performing her marital obligations and living with petitioner No.2 with her consent. Learned counsel for petitioners submits that being antagonized upon marriage of petitioners, the relatives of petitioner No.1 are causing threats to both the petitioners, more particularly to petitioner No.2 hence they have approached this Court for necessary protection of life, honour and property. Learned State Counsel, on Court's notice, submits that official respondents shall conduct themselves strictly in accordance with law in the manner that no one shall cause harassment to the petitioners. Major and sane persons, both male and female have the right to contract marriage with their own free will be guaranteed under Article 35 of the Constitution of Pakistan and in the circumstances when the couple contracted marriage with their consent and freewill but without consent of their elders, it shall be very unsafe to call the married couple again and again in court. Similarly, 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." 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 fundamental right guaranteed under 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. In view of whatever discussed above, the instant petition stands disposed of 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. Let copy of this order be facsimiled to S.S.P. Thatta with directions to provide necessary legal protection to the petitioners. KMZ/B-16/Sindh Order accordingly