Law: Criminal Procedure Code (V of 1898)

Section: 491

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 20th February 1970, in Criminal Miscellaneous No. 915/H of 1970). Criminal Procedure Code (V of 1898), S. 491-Habeas corpus-Girl having attained puberty (under Muhammadan Law) contracting marriage with a person of her own free will-Marriage valid according to Muhammadan Law and husband her guardian-Contention that marriage, being in-valid under Child Marriage Restraint Act, 1929, should not have been recognised by lower Court, held, had no force-Order of High Court allowing girl to go with her husband perfectly justified Special Leave to Appeal refused by Supreme Court-Child Marriage Restraint Act (XIX of 1929), S. 4-Muhammadan Law, Marriage. A. G. Chaudhri, Advocate Supreme Court instructed by Abdul Karim, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 8th April 1970. ORDER WAHIDUDDIN AHMAD, J.-This petition for special leave to appeal is directed against the order of the High Court of West Pakistan, Lahore dated the 20th February 1970, whereby Mst. Musarrat Allah Bandi alias Ladoo, daughter of the peti tioner, was allowed to go with Syed Safdar Hussain respondent No. 1, her husband. Petitioner's case is that Mst. Musarrat was abducted by respondent No. 1 from the premises of Shama Cinema, Sahiwal in respect of which an F. I. R. bearing No. 286 was lodged on the 4th November 1969, with Police Station "B" Division, Sahiwal, under sections 363/366, P. P. C. A challan has been submitted in the Court of Magistrate at Sahiwal. On the other hand, respondent No. 1's allegation is that Mst. Musarrat was aged 18 years. She is a singing girl but she decided to enter into marriage with him and was married on the 7th November 1969 at Rawalpindi. He further alleged that Syed Bunyad Hussain respondent before the High Court, has disapproved of this marriage and had taken away Mst. Musarrat against her will in the house of Ch. Akbar Khan of Clifton Colony, Lahore. He, therefore, filed an application for the recovery of Mst. Musarrat under section 491, Cr. P. C. A Bailiff was deputed to recover Mst. Musarrat. She was recovered and produced…