| Citation(s) |
|---|
| 2021 SLG 2093 2021 SLD 2093 2021 PLJ 618 |
Lahore High Court
W.P. No. 13297 of 2020, decided on 14.10.2020, Date of hearing: 14.10.2020.
ANWAARUL HAQ PANNUN, JUSTICE.
Sh. Tanveer Ahmad, Advocate with Petitioner. Mr. Muhammad Ayyub Buzdar, Assistant Advocate General for State. Mr. Muhammad Saleem Bashir and Rana Rizwan, Advocates for
Respondent No. 3.
W.P. No. 13297 of 2020, decided on 14.10.2020, Date of hearing: 14.10.2020.
ANWAARUL HAQ PANNUN, JUSTICE.
Sh. Tanveer Ahmad, Advocate with Petitioner. Mr. Muhammad Ayyub Buzdar, Assistant Advocate General for State. Mr. Muhammad Saleem Bashir and Rana Rizwan, Advocates for
Respondent No. 3.
ZEESHAN ALI ZAFAR
VS
SHO, ETC. Abbas, ASI alongwith lady constable has produced the detenue Mst. Hamna Raheel.
Law: Constitution of Pakistan, 1973
Section: 199(b)(1)
Law: Criminal Procedure Code (V of 1898)
Section: 491
Constitution of Pakistan, 1973-- ----Art. 199(b)(1)--Criminal Procedure Code, (V of 1898), S. 491--Recovery of detenue--Marriage was contracted with her own free will and consent but against wishes of parents--Question of--Whether he has contracted marriage with detenue merely as a result of his crush monentous or contracted marriage sincerely with religious zeal--Nikah khawan--Violations of SOPs--Initiation of proceedings--Matter is referred to Chief Officer, Burewala, District Vehari for initiation of penal proceedings against Nikah Registrar/delinquent, after affording an opportunity of hearing to him and report thereof shall reach to this Court through D.R Judicial within a period of one month, after receipt of copy of this order. ORDER Through this petition under Article 199(b)(1) of the Constitution of Islamic Republic of Pakistan, 1973 read with Section 491, Cr.P.C., the petitioner seeks recovery of his wife (hereinafter to be called as the alleged detenue) namely Mst. Hamna Raheel, from the illegal and improper confinement of Respondents No. 2 3, so that she may be dealt with in accordance with law. According to the averments made in the petition, the detenue being sui-juris and major, with her own free will and consent but against the wishes of her parents and other siblings, contracted gretna green marriage with the petitioner on 17.07.2020 and started to perform her matrimonial obligations while living in his house. The private respondents being close relative of the detenue tried to interfere into their matrimonial life, constrained whereof, the detenue had to file a private complaint against them. While recording her cursory statement before the Court in the private complaint, the alleged detenue categorically stated that nobody had abducted her and she has contracted marriage with her own free will and consent. The respondents, later-on, assured the spouses that they have purged their ill-will against them. The detenue on 28.09.2020, accordingly went alongwith the respondents to see her other relatives. It was promised by the respondents that the detenue shall be sent back home within two days, but they failed in materializing their promise. The…
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