Law:

Section:

Criminal Procedure Code (V of 1898)-- ----Ss. 491 & 491-A---Habeas corpus petitions---Relationship, determination of--- Petitioner alleged that his wife was in illegal confinement of her father, whereas detenue denied any such relation with petitioner---Validity---Proceedings under Ss.491 and 491-A, Cr.P.C. were summary in nature and not intended to go beyond summary consideration of questions essentially relevant to alleged detention i.e. whether a detenue was to be set at liberty and as a consequence thereof, be permitted to go with the person of his or her own choice, or to drop the proceedings when detention was found legal---High Court observed that Court while deciding application under Ss.491/491-A, Cr.P.C. was not required to go into question of status or relationship of parties by holding full-fledged trial of counter claims and it should concerned itself only with free will of the detenue claimed that detenue was his wife, however detenue as well as her father denied such averment---Held, it was inappropriate and undesirable, if not illegal, for the High Court to determine fate of couple by adjudicating validity of marriage on the touchstone of the Injunctions of Islam, in proceedings under S.491 Cr.P.C.---High Court declined to interfere in the matter as there was nothing to suggest that either detenue was in illegal custody or there was any risk to her life at the hands of her father failed to show any locus standi to file petition in the High Court as he had no relation with the detenue---Custody of alleged detenue with her father was not illegal---Petition was dismissed, in circumstances. Ali Muhammad v. The State 2013 SCMR 1484 and Abdul Majid v. S.H.O. Police Station Shujabad 1987 SCMR 282 rel. THIS JUDGMENT DELIVERED BY: AHMAD ALI, JUSTICE:---.--- Through the present writ petition, the petitioner has approached this court with the following prayer:- "On acceptance of instant writ petition, the wife of the petitioner No. 1 namely "Yaseena daughter of Gul Zareen "be released from the illegal and improper custody of respondent No. 4 and be brought before the court for her immediate release or any other relief which this Hon'ble Court deem fit…

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