KHADIM HUSSAIN Versus GHULAM HUSSAIN and 3 others

ORDER

' The alleged detenu has been produced in Court. To a naked eye, he appears to be of more than 80 years of age and he cannot even stand without help; his vision is weak. In the presence of the learned counsel he has stated that he is happily and of his own accord residing with respondents who are younger and unmarried sons whereas petitioner has already been married and living separately. He further stated that he owes a duty to marry his unmarried sons and there is no coercion on him.

2. This is a third petition in series on behalf of the petitioner. The first petition was dismissed on the statement of mother of the parties. The second writ petition on the same subject-matter was dismissed in view of the statement made by the mother of the parties in the earlier petition. On 14- 3-1995, learned counsel accompanied by the petitioner was warned that in case the version put in the petition is found to be false, the petitioner will be burdened with heavy costs other than the legal action.

3. Today, in view of the statement made by the alleged detenu, the story put by the petitioner has been found to be false. This amounts to misuse of process of law. I was minded to try the petitioner for coming to this Court with unclean hands and infamy on his lips but by exercising judicial restraint the petition is dismissed with special costs of Rs,5,000.

4. Issue notice of contempt to Mehr Khan Muhammad Vehniwal for becoming a hirer and not to assist the Court which amounts to professional misconduct. His reply shall be filed within seven days.