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P L D 1996 LAHORE 709

NAZIRAN BIBI
V/S
S.H.O. AND OTHERS

Per Muhammad Aqil Mirza. J(a) Constitution of Pakistan (1973) Article 35, 199.
r/w Muslim Family Laws Ordinance (VIII of 1961)—S. 5——

I am satisfied that the bona fides of the marriage have been sufficiently established. It is stated by Naziran Bibi that Tariq Mehmood is otherwise related to her. In view of the facts narrated above, the marriage between Tariq Mehmood and Naziran Bibi prima facie does not suffer from any legal infirmity. Accordingly, the couple is entitled to live together and enjoy their marital life. Needless to observe that it is not the function of the police or any other State Agency to make interference in the marital life of the couple where the husband and the wife are sui juris and they have contracted marriage with their own free consent. Their duty lies juris and they have contracted marriage with their own free consent. Their duty lies in protecting the marriage as enjoined by Article 35 of the Constitution, which reads as follows:-

“The State shall protect the marriage, the family, the mother and the child.”

Accordingly, it is directed that respondent No. 1 shall not cause any harassment to the couple or other members of the husband’s family. Anybody feeling aggrieved of this marriage any approach the proper Court for appropriate declaration but the police has no business to interfere in matrimonial disputes.[p. 710]B

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