Law: Criminal Procedure Code (V of 1898)

Section: 491

Criminal Procedure Code (V of 1898) S. 491-Practice of filing petition under S. 491-Having a married woman brought before Court, getting her statement recorded and on basis of such statement subsequently filing suit for dissolution of marriage-Practice deprecated. Date of hearing : 30th April 1974.                                                                                                                  JUDGMENT Umaid Khan, petitioner herein, filed Criminal Miscellaneous No. 67-R of 1971 alleging that her daughter, Mst. Naseeri, was in wrongful confinement of Akbar, her husband. She was recovered through a Bailiff of this Court. Before her statement could be recorded, the petitioner withdrew the application on the pretext that the parties had "reached a settlement." This is yet another application of the same nature. Notice was issued to Akbar, respondent, to produce her in Court on the 27th of March 1974. The respondent agreed to send Mst. Naseeri with the petitioner on the express understanding that she would return to her husband. The petitioner also promised that he would send her back with Akbar on the next date of hearing. Today when the case came up for hearing, learned counsel for the petitioner states that she is not willing to go and live with her husband, Akbar. 2. It is of late being observed that petitions are filed in this Court under section 491, Cr. P.…