Law: Criminal Procedure Code (V of 1898)

Section: 491

Law: Muhammadan Law

Section: 2

Criminal Procedure Code (V of 1898), S. 491-Muhammadan Law-Majority Act (1X of 1875), S. 2-Habeas corpus-Allegedly abducted girl stating to have married alleged abductor after attaining age of 15 years of her own free will-Magistrate, however, ordering detention of girl against her wish in Darul Aman for 6 months--Girl, being over 15 years of age, held, could legally contract marriage and was entitled to go with husband Girl, held further, was not accused person but merely a witness and could not be detained in Darul Aman-Order, held, illegal and unwarranted in circumstances-Girl set at liberty and allowed to accompany petitioner or person of her choice. Principles of Mohammadan Law by D. F. Mulla, 14th Edn.. Art. 251; Mau/ All v. Syed Safdar Hussain Shah and another 1970 P Cr. L J 1035 and Mushtaq Ahmad v. Mirza Muhammad Amin and another P L D 1962 Kar. 442 rel.                                                                                                                           ORDER This is an application under section 491 of the Code of Criminal Procedure, by one Muhammad Ashiq, for the recovery of his wife Mst. Safia Akhtar, from Darul. Aman and her being set at liberty. 2. The facts leading to this petition are, that Muhammad Ramzan respondent No. 4, father of the detenu, lodged a report on 21st January 1972, at Police Station, Narang, in Sheikhupura District, under sections 363 and 366 of the Pakistan Penal Code, alleging that Muhammad Ashiq (petitioner and his mother had abducted his daughter Mst. Nawab alias Nabban alias Safia Akhtar. The petitioner applied for bail before arrest in the Court of the Additional Sessions Judge, Sheikhupura, alleging that Mst. Safia Akhtar, the detenu, was his legally wedded wife and that their marriage had been performed in accordance with law on 1st February 1972. He was granted interim bail till 22nd February 1972,…