Law:

Section:

Criminal Procedure Code (V of 1898), S. 491-Habeas Corpus-Factum of marriage as also its validity questionable ­Court may set major detenu wife at liberty but cannot restore status quo ante against wishes of detenu-Petitioner if real husband could approach civil Court for restitution of conjugal rights. Muhammad Rafique v. Muhammad Ghafoor P L D 1972 S C 6 fol. Fateh Sher v. Sarang P L D 1971 Lah. 128 distinguished. ORDER SALAHUDDIN AHMED, J.-This petition for special leave is direct­ed against the order of a learned Single Judge of the Lahore High Court setting the detenu woman at liberty and allowing her to accompany whosoever she likes. The order was passed on the application of respondent Khushi Muhammad under section 491 of the Code of Criminal Procedure. Respondent Khushi Muhammad alleged that acting as de facto guardian of the detenu he gave her in marriage to one Muhammad Din. Mohd. Din divorced her and she returned to the house of the respondent where her father was also residing. The father passed on the detenu to petitioner Sardara and respondents Nos. 2 to 4 and she was kept by them in illegal detention. The learned Single Judge of the High Court directed the S. H. O. of the relevant police station to recover and produce the detenu in Court. The detenu was accordingly produced in Court and she partly supported the allegation of Khushi Muhammad, but added that her father had married her to petitioner Sardara against her will, and the latter had kept her in illegal detention. She refused to return to her father or to the petitioner or to respondents Nos. 2 to 4. She expressed her wish to live with Khushi Muhammad, who she claimed was her first cousin. The learned Single Judge found the detenu to be 20 years old, and set her at liberty. This order is perfectly in consonance with the decision of this Court in the case of Muhammad Rafique v. Muhammad Ghafoor (P L D 1972 S C 6). In the case under report it has been observed as follows "The High Court has two-fold jurisdiction under this section (i) to deal with a person within its appellate criminal jurisdiction according to Law ; and (ii) to set him at liberty if he is illegally or improperly detained.…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492