Law: Criminal Procedure Code (V of 1898)

Section: 491

Law: Muslim Family Laws Ordinance, 1961

Section: 7

Law: Constitution of Pakistan, 1973

Section: 9

(a) Criminal Procedure Code (V of 1898)--- ----S. 491---Muslim Family Laws Ordinance (VIII of 1961), S.7---Constitution of Pakistan, Art.9---Habeas corpus petition for recovery of alleged wife (detenue)---Order for setting at liberty a sui juris Muslim girl---Scope---Security of person---Scope---Applicant alleged that he had contracted love marriage with the detenue, but signed divorce papers soon after because of pressure and threats from his family, but he never pronounced divorce before the detenue---Detenue went back to her house and applicant alleged that he was informed that her brothers (respondents) were annoyed and kept her under wrongful confinement/detention---Contentions of the applicant were that he never signed the divorce deed with his free-will but was under pressure and duress from his family; that no notice was ever served under S.7 of the Muslim Family Laws Ordinance, 1961, for confirmation of divorce and no meeting was arranged for any reconciliation or confirmation purposes; that the applicant had obtained fatwas from different schools of thought which clearly mentioned that under the given circumstances divorce could not be validated/effected, and that no divorce was ever communicated to the detenue---Validity---Detenue had appeared before the court on a previous date of hearing and clearly stated that no divorce had ever been communicated to her and showed her willingness to live in Darul Aman, till final disposal of the case, as she was not happy with the attitude of her brothers---Detenue was transferred to the Darul Aman but subsequently she did not wish to live there and requested to be set at liberty---Woman who was sui juris could not be kept in Darul Aman when she no longer wanted to stay there---Detenue being a sui juris lady had categorically stated that she could look after herself and her affairs and did not want to live either at the Darul Aman or with her brothers and wanted to be set at liberty to live her own life---Where the court found that a minor brought before it was not being illegally or improperly confined or detained, the court might give his/her custody to the guardian, but if the person was a major, the only…

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