Mrs. HUMA AKHTAR vs STATION HOUSE OFFICER, POLICE STATION SANDA, LAHORE and 2 others
The petitioner, Huma Akhtar, filed a constitutional petition seeking a directive to restrain the Station House Officer from harassing her and her spouse, Umar Farooq. An initial attempt was made by an advocate to withdraw the petition claiming it was not filed by the petitioner, but the petitioner personally appeared in court, repudiated the withdrawal application, and expressed her desire to pursue the matter. Upon inquiry, the court noted that the petitioner was twenty-two years of age, a graduate, and had entered into a lawful marriage with Umar Farooq. The core legal question addressed was whether an adult sui juris woman, having contracted a marriage of her own free will, can be compelled to reside with her parents against her consent. The court held that being an adult and sui juris, the petitioner was at liberty to reside with her husband and could not be forced to accompany her father. The court laid down the principle that an adult female has the absolute right to determine her custody and matrimonial life, and law enforcement agencies cannot interfere therein unless the parties are required in a criminal case.
- Whether an adult female can be compelled to reside with her parents against her consent after contracting marriage?
- Can law enforcement agencies interfere in the matrimonial life of an adult couple not required in any criminal case?
- Is a petitioner bound by a withdrawal application filed by counsel when the petitioner personally repudiates it in court?
ORDER
' Petitioner Huma Akhtar had filed this petition with a prayer that respondent No,1 S.H.O. Police Station Sanda, Lahore, be directed not to harass her and her spouse Umar Farooq. On the firs date of hearing, learned counsel for the petitioner had stated that the petitioner had gone back to the house of her father and, therefore, she could not appear on the said date. Subsequently, an application was filed on 26-2-2002 by Malik Muhammad Ashraf, Advocate seeking withdrawal of the petition on the ground that it had not been filed by Huma Akhtar. However, Huma Akhtar who was present in Court on 26-2-2002 repudiated the contents of the application and stated that she wishes to pursue the petition which has been filed on her behalf. She was lodged to Darul Aman for 2 days at her own request in order that she had opportunity to reconsider the matter and also to make her husband Umar Farooq available.
2. Today, Huma Akhtar, Umar Farooq and Muhammad Hussain father of Huma Akhtar are all present. On Court's query Huma Akhtar has again reiterated that she wishes to go with Umar Farooq. Admittedly, she is 22 years of age, she is graduate and she has entered into marriage with Umar Faroocj, therefore, she cannot be compelled to go with her father. She is at liberty to go with Umar Farooq and respondent No,1 S.H.O. Police Station Sanda, Lahore is directed not to interfere in their matrimonial life if they are not required in any criminal case. Disposed of.
3. Umar Farooq undertakes that he shall pay the expenses of the bailiff as well as boarding and lodging of Huma Akhtar in Darul Aman for two days.