| Citation(s) |
|---|
| 2014 SLG 483 2014 SLD 483 2014 MLD 771 |
Sindh High Court
Criminal Miscellaneous Application No. 698 of 2013, decision & hearing Dated: 08-11-2013.
SHAHNAWAZ TARIQ, JUSTICE
Sohail Ahmed Khoso for Applicant. Zulfiqar Ali Jatoi, D.P.G. for the State.
Criminal Miscellaneous Application No. 698 of 2013, decision & hearing Dated: 08-11-2013.
SHAHNAWAZ TARIQ, JUSTICE
Sohail Ahmed Khoso for Applicant. Zulfiqar Ali Jatoi, D.P.G. for the State.
KHUSHI MUHAMMAD
VS
THE STATE AND 6 OTHERS
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S.491---Habeas corpus petition---Recovery of wife---Custody with parents and alleged detenu were husband and wife who contracted marriage without consent and knowledge of her parents---Grievance of petitioner was that his wife had gone with her parents who had kept her in illegal custody---Validity---High Court declined to accept that wife of petitioner had been detained by her parents and also declined to get her recovered from house of her parents through police as the same would cause humiliation and disgrace to them in society as well as in relatives and neighborhood---Custody of petitioner's wife in house of her real parents could not be termed as unlawful and path adopted by petitioner was a mala fide on his part---High Court advised the petitioner to approach proper court for seeking conjugal rights---Petition was dismissed in circumstances. Irfan Ahmed v. S.H.O. and 6 others 2011 PCr.LJ 597; Mst. Islam Khatoon v. S.H.O. Police Station Manjoo Shori and 9 others 2011 PCr.LJ 871; Muhammad Javed Sagar v. Station House Officer and 2 others 2011 PCr.LJ 674 and Shoukat Ali v. Altaf Hussain Qureshi and another 1972 SCMR 398 ref. THIS ORDER PASSED BY: SHAHNAWAZ TARIQ, JUSTICE:---.--- Through the instant criminal misc. application, the applicant Khushi Muhammad has prayed for the recovery of his wife Mst. Gul Naz from the illegal and wrongful confinement of respondents Nos.5 to 7. 2. Brief facts for the purpose of instant misc. application are that Mst. Gul Naz, after swearing her free will affidavit contracted marriage with the applicant on her own accord and such Nikahnama was registered on 6-8-2013 at Karachi and they started residing there. The private respondents requested the applicant to allow Mst. Gul Naz for visiting and he permitted her for meeting purpose, but thereafter allegedly the respondents detained her and issued threats for dire consequences. On such threats, the applicant approached the respondent No. 4, S.H.O. Police Station Ranipur for recovery of Mst. Gul Naz from Punjab province, but he failed to recover his wife. He has prayed to direct the respondents Nos. 2 and 3 to recover his wife Mst. Gul…
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