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Official Citation: 2024 SHC 1094
Court / Jurisdiction: Sindh High Court
Year of Decision: 2024
Decision Date: 2024-09-23
Parties: Mst. Nazia vs Province of Sindh & others
Ruling Summary: This decision was rendered by the Sindh High Court on 2024-09-23, officially reported as 2024 SHC 1094. In this matter between Mst. Nazia and Province of Sindh & others, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
Case cited as 2024SHC1094
Court Name: Sindh High Court Judge(s): Adnan-ul-Karim Memon, Amjad Ali Bohio Title: Mst. Nazia vs Province of Sindh & others Case No.: Constitutional Petition No.D-781 of 2024 Date of Judgment:2024-09-23 Reported As: 2024 SHC 1094 Result: Application Disposed of
Judgment
ORDER Adnan-ul-Karim M em on, J. The petitioners have stated that they have entered into marriage voluntarily and with their consent. They have also requested that the listed application be disposed of as the Investigating officer has recommended the case to be disposed of under C-class case and the Magistrate is required to issue the appropriate order on the final report submitted by the Investigating Officer under section 173 Cr. P.C. within one week. 2. Primarily, this is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter- caste or inter-religious marriage the maximum they can do is they can cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. We, therefore, direct that the administration/police authorities will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law. However, the above observation is without prejudice to the legal rights of the parties, if any, pending before the competent court of law. 3. In view of the above the listed application is disposed of with direction to the concerned Magistrate to pass the appropriate order in terms of the statement of Mst Nazia (Petitioner No.1)