Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 491---Habeas corpus petition---Contracting marriage without consent/knowledge of parents---Jurisdiction of High Court under S.491, Cr.P.C.---Scope---Abduction of wife of petitioner/husband by her parental family members---Petitioner contended that his wife had been forcibly abducted by her parental family members as she contracted marriage against their wishes---High Court observed that it had become trend in the society, rather it had shaped into well thought practice that girls come out of their houses for couple of hours on any pretext; enter into marriage without the consent of their parents; file complaint alleging harassment; return back to their parental home and thereafter, the entire exercise was followed by petition under S.491, Cr.P.C. before the High Court which was managed with a view to use High Court as a stage of "Rukhsati"---Such indecent activity was nothing less than menace which required to be plugged as far as practicable as the same was not only destroying character of youth but also stigmatizing and diminishing moral values---No evidence had been cited by the petitioner for the purpose of proceedings under S.491, Cr.P.C. to lend support of his assertion about immediate and forcible abduction of his wife---Girl who was major and allegedly abducted but none of the locality got glimpse of the incident---Petitioner had alleged to have been informed about forcible abduction by his wife telephonically but no cellular or landline number had been given to establish the same---Wife of the petitioner was, admittedly, with her parents---Petitioner could resort Family Court for the restitution of conjugal rights---Petitioner had not made out a case for handing over custody of alleged abductee---High Court declined to exercise jurisdiction under S.491, Cr.P.C. to effect "Rukhsati"---Habeas Corpus petition was dismissed, in circumstances. Mukhtar Ahmad v. Ghafoor Ahmad and 3 others PLD 1990 Lah. 484; Irfan Ahmad v. SHO and 6 others 2011 PCr.LJ 597 and Muhammad Javed Sagar v. Station House Officer and 2 others 2011 PCr.LJ 674 ref. THIS ORDER PASSED BY: MUHAMMAD QASIM KHAN, J.--- This is second petition,…

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