2022 PLP 114 (YLRN)

KHADIM HUSSAIN M. SHAIKH, J.

Applicant, Muhammad Khalid, claiming himself to be the husband of the alleged detainee Mst. Laiba, has filed this criminal miscellaneous application, seeking production of the said alleged lady detainee on the basis of alleged free-will affidavit and Nikahnama dated 23.11.2019 from the house of respondent No.4 Sultan Ahmed, who is father of the alleged detainee.

2. It is, inter alia, contended by the learned counsel for the applicant that the applicant and alleged detainee Mst. Laiba had contracted free-will marriage; and, that alleged detainee Mst. Laiba has been wrongfully confined by her father Sultan Ahmed in collusion with respondent No.5, therefore, the applicant has filed this application.

3. Patently this application is not maintainable, for, the alleged detainee Mst. Laiba's living in the house of her father, the respondent No.4, cannot be termed to be an illegal or wrongful confinement; the alleged free-will affidavit and Nikahnama, copies whereof are available at pages-11-14, are shown to have been attested at Quetta Province Balochistan, though the address of the alleged lady detainee Mst. Laiba is shown as Kashmiri Para Matli District Badin Province Sindh, which is far away from Quetta at the distance of about 650 KMs; from their face, the alleged Nikahnama and free-will affidavit seem to be manipulated and forged ones, which cannot be taken as sacrosanct; moreover the affidavit of alleged Nikah Khuwan to prima facie establish the alleged Nikah of the applicant with the alleged detainee has not been filed by the applicant; even otherwise, the applicant has got a remedy before the Court of competent jurisdiction where by adducing the evidence of the nature, the applicant would be in a position to establish his valid marriage with the alleged detainee Mst. Laiba; manifestly, the applicant by filing this application has attempted to procure the production of the alleged lady detainee Mst. Laiba from the house of her father, which cannot be termed to be an illegal confinement. It is worthwhile to mention here that it has become a tendency of the people in the cases of the nature that instead of availing remedy before the competent Court, these sort of applications are filed. It is reiterated that in the cases like the case one in hand, while conducting the raid for recovery of the alleged lady detainee at the house of her parents, the immense insult which the parents, other inmates of the house, their relatives and friends would suffer, belittling them in the esteem and eye of the general public, cannot be remedied. And, thus in my humble view, this application besides being not maintainable also lacks bona fide, which is liable to be dismissed. These are the reasons of short order announced by me whereby this application was dismissed in limine along with the pending application. ADN/M-36/Sindh Application dismissed.