Law:

Section:

Keywords: Illegal, Civil Court, Unlawful, Petitioner, Objections, Detention, Parties, Custody, Validity, Order, Habeas Corpus, Disposed Of, Procedure, Petition, Examination, Proceedings, Wrongfully Confine, Classes, Cognizance, Criminal Proceedings Result: Petition accordingly JUDGMENT This is an application under section 491, Cr. P. C. Moved by Mst. Farhat Fatimah Shah against her brother Nadim Aslam Shah and her mother Mst. Anees Fatima Shah, the third respondent being the State. 2. She has prayed in this petition of her that since her marriage with Tariq Ali was against the wishes of her mother and brother they forcibly confined her in a room at 4-U, Block 6, P. E. C. H. Society, Karachi, when the petitioner had gone to meet them after the marriage. Besides they had been cruelly beating the petitioner with sticks and fishing rods, during her detention. 3. She has, therefore, prayed that she be set at liberty and allowed to go with whosoever she pleases as she is an adult lady, her age being 21 years. 4. In the counter-affidavit filed on behalf of the respondents Nos. 1 and 2 it is stated that the petitioner has filed the present petition under the influence and direction of Miss Rukhsana alias Tariq Ali who had herself filed similar petition bearing No. 50/ 971, but on legal objections raised by the respondents in the said petition to the validity of the marriage between the applicant and so-called Tariq Ali alias Miss Rukhsana, the said petition was ultimately withdrawn after filing of the said petition by Miss Rukhsana alias Tariq Ali to avoid medical examination which was requested for by the respondents. According to respondents Nos. 1 and 2, therefore, the petitioner having married a girl her marriage cannot be legally said to be valid. I am afraid the question of legal validity of the marriage between the petitioner and Tariq Ali cannot be made an issue for decision in the present proceedings as that question has to be decided by a Court of civil law competent to take cognizance of such a suit if the parties so desire to approach it. What I am here mainly concerned with is whether the petitioner is either in illegal or improper custody of somebody from…

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