Law: Criminal Procedure Code (V of 1898)

Section: 491

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 491--Recovery of detenue--Custody of private respondent--Contracted marriage--Question of--Whether petitioner contracted marriage with detenue as a result of crush--Alleged detenue being sui-juris and major while exercising her free will has contracted marriage with petitioner--Unfortunately, this marriage has been contracted by spouses against wishes and without blessings of detenues parents and other siblings. Muhammadan Law-- ----S. 287--Enhancement of dower amount--Under Islamic Law, parties of a marriage can fix/enhance amount of dower at any time, after its solemnization even during subsistence of their marriage has submitted an affidavit/undertaking Mark “AA”, fixing amount of Rs. 10,00,000/-(ten lac) as deferred dower of alleged detenue/his wife, with his volition, therefore, same shall be considered as integral part of Nikahnama. ORDER Through this petition under Section 491, Cr.P.C., the petitioner seeks recovery of his wife Mst. Safia Manzoor Bibi, hereinafter to be called as the alleged detenue, from the illegal and improper custody of private respondents, so that she may be dealt with in accordance with law. The petitioner has made his averments in the petition which are to the effect that the detenue with her own free will and consent but against the wishes of her parents, contracted marriage with him on 22.12.2018. The couple has been enjoying the bliss of their marital union happily. On 15.9.2020, Respondent No. 3, father of the alleged detenue assured the spouses while stating that he has purged his ill-will against them, had taken the detenue alongwith him from the house of the petitioner to his own house on the pretext that her seriously ailing mother wanted to see her. The petitioner, after a lapse of 06 days when approached the respondents for return of his wife/ detenue, they instead of allowing the detenue to join him, extended threats of dire consequences. The detenue however succeeded in sending a message to the petitioner that her movements have been restricted and she has been confined in a room, besides depriving her from proper food, causing health hazard to her, which may…

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