Law: Criminal Procedure Code (V of 1898)

Section: 491

(a) Criminal Procedure Code (V of 1898) S. 491-Habeas corpus-Husband's custody of his wife-Normally cannot be termed illegal or improper detention-Conflicting stands regarding detenu's marriage taken by detenu's parents and petitioner, detenu s brother-in-law -Parents evidence to prevail in such situa tion as they would be more interested in welfare of their daughter-Detenu not proved to have been forcibly taken away by respondent and no restraint or maltreatment meted out to her while in alleged detention-Respondent, held, entitled to custody of detenu in circumstances. State v. Ashfaq Ahmad Sheikh P L D 1967 Lah. 1231 ; Amir Bakhsh v. Mehar Ali and others P L D 1962 Kar. 725 and Muhammad Siddique v. Fateh Muhammad and another 1968 P Cr. L J 1758 rel. (b) Criminal Procedure Code (V of 1898) S. 491-Habeas corpus-Detenu refusing to accompany her husband after announcement of Court that respondent was entitled to her custody-Petitioner requesting that detenu be lodged in Dar-ul. Arran for reasonable time to enable him to move Supreme Court Detenu ordered to be kept in Dar-ul-Aman at petitioners' costs for 10 days and to be produced on 11th day for further orders. Date of hearing : 13th March 1970.                                                                                                                 JUDGMENT In this application under section 491 of the Code of Criminal Procedure, preferred by one Muhammad Rafique, who claims to be the husband of a real sister of Mst. Surayya Begum, daughter of Muhammad Din, it has been alleged, that aforesaid Mst. Surraya Begum was residing with the petitioner for the last about five years, because her parents were not in a position to support her "and all of a sudden on last Saturday the detenu disappeared from the house of the petitioner and after a long pursuit, the petitioner found that she is being illegally and…