2022 C L C 134
[Lahore (Multan Bench)]
Mst. SAIMA MAI
Versus
DISTRICT POLICE OFFICER, KHANEWAL and 6 others-
(a) Constitution of Pakistan---
----Arts.8, 9 & 35---Marriage with free consent---Sui juris---Harassment by close relatives---Held, that an adult sui juris Muslim girl could marry a person of her choice without the consent of her Wali---Common practice, prevailing in the society that whenever a marriage was contracted without the approval of families, close relatives make every possible effort to break that wedlock, was violative of Arts. 9 & 35 of the Constitution---State had bounden duty to protect the marriage, life and liberty of legally wedded couples---Petitioner/girl and her husband, present before the Court, were legally wedded wife and husband as their Nikahnama had been placed on the record and they owned the same---Court had ensured the identity of petitioner and her voluntariness to file the present petition---Public functionaries were directed to remain within the four corners of law and desist from causing harassment in illegal manner to the petitioner or her spouse---Constitutional petition was disposed of accordingly.
Hafiz Abdul Waheed v. Mrs. Asma Jehangir and another PLD 2004 SC 219; Riaz Begum Alias Razia's Case 2018 MLD 1714 and Mst. Sajida Bibi's case PLD 1997 Lah. 666 ref.
(b) Constitution of Pakistan---
----Art.9---Right to marriage---Sui juris---Right to life---Scope---Duty of court---Article 9 of the Constitution had strenuously vouched for the protections of right to life of every person and it was the duty of the Constitutional Courts to protect and safeguard all the fundamental rights provided and guaranteed under the Constitution.
(c) Constitution of Pakistan---
----Arts.35 & 9---Marriage with free consent---Sui juris---Under Islamic law both male and female have the right to contract marriage with their own free will and their matrimonial life is protected under Art.35 of the Constitution.
(d) Constitution of Pakistan---
----Art.199---Marriage with free consent---Sui juris---Harassment---Constitutional petition---Duty of Court---Scope---High Court observed that court should be extra cautious/watchful while issuing directions against harassment, ensuring the presence of wedded couple before the Court, especially the female petitioner in order to rule out that any such petition had been filed for some ulterior motive other than what is prayed for; that a valid marriage existed; and that petition had been filed voluntarily without any pressure or undue influence on the female petitioner.
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