| Citation(s) |
|---|
| 1970 SLG 778 1970 SLD 778 1970 PCRLJ 489 |
Sindh High Court
Criminal Miscellaneous Application No. 4 of 1970, 12th January, 1970
MUHAMMAD HALEEM, J
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Criminal Miscellaneous Application No. 4 of 1970, 12th January, 1970
MUHAMMAD HALEEM, J
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Mst. Jannat Bibi
VS
The State And 6 othersOpponents
Law:
Section:
Keywords: Apprehension, Order, Petition, Procedure, Place, Habeas Corpus, Prima Facie, Issuance, Habeas Corpus Petition, Petitioner, Consideration, Magistrate, Fraud, Nikahnama, Evidence, Relief, Custody Result: Petition accepted ORDER This habeas corpus petition is by Mst. Janat Bibi seeking to secure the custody of her minor daughter Shahnaz Begum. It appears from the petition that the petitioner and her daughter had on several occasions gone to the house of the respondents and were on visiting term with them. Mst. Shahnaz Begum also visited the house alone on many occasions and also went with them to see their common friends. It was on 26th December 1969 that the petitioner was informed by respondents 3 and 6 that Mst. Shanaz Begum had married Ishtiaq Beg, respondent No. 2. They had also told her that Mst. Shanaz Begum had also sworn an affidavit before the City & A. D. M., Karachi and in it she had declared herself to be a major. They demanded her "Rukhsati" from the house. The petitioner then got perturbed and then she approached the D. I. G. And the S. H. O. Of Police Station Liaquatabad. On 2nd January 1970 at about 4 p.m. Reason dents 2 and 3 along with policemen and some other persons came to her sister's house and took away her daughter Mst. Shahnaz Begum. She was kept at the police station for the whole night and in the morning she was produced before the 10th Additional City Magistrate, Karachi. The learned Magistrate ordered her daughter to be kept in Darul Aman. Thereupon, she came to this Court and sought the above relief. It appears from the lower Court record that Ishtiaq Beg, respondent No. 2, had filed a complaint on 27th December 1969 against the petitioner and four other persons for wrongfully confining Mst. Shahnaz Begum in the house after unlawfully taking her away from his house where she was living as his wife. He also alleged that her life was in danger. The learned Additional City Magistrate examined the said respondent and his witnesses under section 200, Cr. P. C. And held that a prima facie case was made out under section 344, P. P. C. He thereupon ordered the issuance of the process against the petitioner and the other accused…
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