Another free-will marriage case sent to trial court – 01 Jul 2022

KARACHI: The Sindh High Court has directed the police to file an investigation report before a trial court so that it could decide the matter pertaining to the free-will marriage of a girl from Khairpur.

The girl, Fizza, along with her husband had approached the SHC stating that she had not been abducted, but contracted marriage of her own free will but her family lodged a case at a police station in Khairpur against her husband and his relatives.

Citing police of ficials concerned and relatives of the girl as respondents, the petitioners sought directives for the police to quash the FIR, not to harass them and also pleaded for protection.

A lawyer, representing the family the girl, argued that Fizza was an underage girl and her marriage was not permissible in terms of the Sindh Child Marriages Restraint Act, 2013.

He requested the bench to pass an order accordingly.

However, the bench observed that the peddon was only to the extent of quashment of the FIR registered at the Shaheed Murtaza Meerani police station in Khairpur regarding alleged abduction of the girl by the persons nominated in the case.

On the directive of the bench,the IOhad recorded the statement of the girl under Secdon 161 of the criminal procedure code in which the petitioner denied her kidnapping and stated that no one coerced her to enter into marriage with the co-petitioner.

The bench conf ronted her about her testimony and she confirmed the contents of her statement.

`In view of the above, while disposing of this petition, we direct the concerned IO to file her statement along with his final report under Section 173 CrPC before the concerned trial court, who shall pass appropriate order in accordance with law,` it added.

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