P L D 1978 Karachi 374 (PLP)
ZARINA KHATOON‑Petitioner Versus DISTRICT MAGISTRATE, (SOUTH). KARACHI AND 5 OTHERS-Respondents
| Citation | P L D 1978 Karachi 374 (PLP) |
| Forum / Court | --S. 491‑Hobeas corpus‑Muslim girl having right of marriage on attaining age of puberty (15 years) has a right to mate a choice Detenu girl stating to have married respondent No. 6 of her o1an free will about 9/10 months earlier and wished to live with her such husband and that she was 17 years old‑Nothing on record to con trary‑Detenu, as a major, held, free to go anywhere she liked and entitled to Police assistance if needed.‑Habeas Corpus Muhammadan Law. |
| Bench Members | Agha Ali Hyder. Actg. C. J. and S. A. Nusrat, J |
| Parties | ZARINA KHATOON‑Petitioner Versus DISTRICT MAGISTRATE, (SOUTH). KARACHI AND 5 OTHERS-Respondents |
Q1: What are the key laws and sections cited in P L D 1978 Karachi 374 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1978 Karachi 374 (PLP)?
The case was heard and decided by the --S. 491‑Hobeas corpus‑Muslim girl having right of marriage on attaining age of puberty (15 years) has a right to mate a choice Detenu girl stating to have married respondent No. 6 of her o1an free will about 9/10 months earlier and wished to live with her such husband and that she was 17 years old‑Nothing on record to con trary‑Detenu, as a major, held, free to go anywhere she liked and entitled to Police assistance if needed.‑Habeas Corpus Muhammadan Law. bench comprising: Agha Ali Hyder. Actg. C. J. and S. A. Nusrat, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1978 Karachi 374 (PLP) (ZARINA KHATOON‑Petitioner Versus DISTRICT MAGISTRATE, (SOUTH). KARACHI AND 5 OTHERS-Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Anis Ahmad for Petitioner.
- Muhammad Ibrahim Memon and Zahoorul Haq, A: G. for Respondents.
Headnotes / Summary
Criminal Procedure Code (V of 1898)‑‑‑ --S. 491‑Hobeas corpus‑Muslim girl having right of marriage on attaining age of puberty (15 years) has a right to mate a choice Detenu girl stating to have married respondent No. 6 of her o1an free will about 9/10 months earlier and wished to live with her such husband and that she was 17 years old‑Nothing on record to con trary‑Detenu, as a major, held, free to go anywhere she liked and entitled to Police assistance if needed.‑[Habeas Corpus Muhammadan Law].
Judgment & Decree
AGHA ALI HYDER, ACTG. C. J.‑This petition had been filed, and rule alai had been issued for the production of the alleged detenu in this Court. She has come, and made a statement to the effect that she had been married to Amir Bukhsh of her own free‑will and accord, and the said marriage Lad taken place about nine/tea months earlier. She has stated in unequivocal terms that she would like to go with the said Amir Bukhsh. She has stated that she is seventeen years old, and there is nothing to the contrary before us. In view of this statement, the said Shahida, as a major, has the freedom to go any where she likes. Mr. Anis Abroad stated that, even according to the medical report, she is only fifteen years and a few months. Be that as it may, a Muslim girl has got the right of marriage, once she has reached the age of puberty, which is fifteen years. Under the circumstances, there can be no hindrance in her way to make a choice. In case, she needs Police assistance, the same will be available to her. If there is any other grievance, which the petitioner is feeling, it will be open to him to seek his remedy at his own risk from the proper Court. The petition is, therefore, dismissed. S. A. H Petition dismissed.