1983 P Cr (PLP)

‑‑ S. 491‑Ha6eas corpus‑Detenu 17 years' old not wishing to live with her husband (respondent) and preferring to live with her unmarried paternal cousin‑Alleged detenu set at liberty in cir cumstances of case. Malik Bashir Ahmad for Petitioner. Hassan Ahmad Khan Kanwar for Respondent. This is an application by one Muhammad Sarwar under section 491 of the Code of Criminal Procedure, for the recovery of Mst. Bakhtawar from the respondent and her being set at liberty.

2. Briefly, the petitioner's case is that the father of Mst. Bakhtawar, the alleged detenu, had died about eight years back, leaving behind, besides the detenu a son named Allah Dad, a daughter named Mst. Zeenat and widow Mst. Sahibzadi. The deceased left about 30 acres of land, one havali in an area of about two kanals consisting of about four houses and a few jhuggis in Chak No. 50/D, Depalpur. This property has been mutated in the names of the heirs of the deceased. His widow Mst. Sahibzadi, the mother of the detenu has remarried one Imam Ali, a stranger to the family. With a view to grab the property of the detenu, her mother Mst. Sahibzadi, arranged the marriage of the detenu with the respondent against her wishes. In fact, the mother publicly gave out that the nikah of the detenu has been performed with the respondent. The detenu anticipating her forcible removal to the house of the respondent, left Chak No. 501 D and came over to live with the petitioner, who is her relative. She has filed a suit for a declaration to the effect that she is not the legally wedded wife of the respondent and has sought injunction. The suit is pending in a Family Court at Lahore. It is however, further alleged that Shahadat and Muhammad, the husbands of two sisters of aforesaid Mst. Sahibzadi, brought police to the house of the petitioner and took away the detenu on the allegation that they were in possession of a warrant under section 100 of the Code of Criminal Procedure. After her recovery, she was made over to the respondent, who, it is alleged, is keeping her by force within the four walls of his house and at times, when he goes out, locks her in a room. Her move ments are restricted.

3. On the basis of these allegations, a bailiff of this Court was deputed to recover the alleged detenu from the respondent and produce her. As a result, Mr. Ghulam Mohy‑ud‑Din, a bailiff of this Court, recovered the detenu from the house of the respondent and she has been produced. Her statement has been recorded.

4. She deposed that in order to deprive of her property, she had beer, forcibly married to Muhammad Sarwar respondent. She does not wish to live with him. She prefers to live with the petitioner, who is her paternal uncle's son and is unmarried. However, in view of the fact that, the detenu is 11 years of age and does not wish to reside with the respondent, I have no alternative, but to allow the application and as a result, I set Mst. Bukhtawar, the alleged detenu, at liberty. M. Y. H. Petition accepted,