1995 MLD 1507 (PLP)

Zulfiqar All petitioner has filed this Criminal Miscellaneous petition for the recovery of Mst. Iqbal Bibi who according to him was abducted by respondent No.1 Imdad in connivance with a Constable when the petitioner and his family came to Multan. Yar Muhammad, A.S.I. Police Station Jatoi has produced Mst. Iqbal Bibi to Court who states that she is the legally‑wedded wife of the present petitioner and that she was handed over to respondent No.1 by one Muhammad Shafi when the latter took her on the pretext of getting some one married. Respondent No.1 Imdad is also present and states that he was married to Mst. Iqbal Bibi through one Muhammad Shafi working in Lahore after paying a sum of Rs.40,000 vide Nikahnama, dated 19‑12‑1993 where the name of the present lady is described as Salma Mai daughter of Muhammad Shari. On the contrary the petitioner has filed copy of Nikahnama showing that Mst. Iqba1 Bib] was married to him on 10‑11‑199X and this is certified by the lady present ,n Court.

2. Learned counsel for the respondent has produced a copy of the order, dated 22‑1‑1994 passed in Criminal Miscellaneous No.7‑H of 1994 where a habeas corpus petition was stated to have been filed by one Muhammad Shari and the following order was passed":‑‑‑ "Respondent No.1 has produced Mst. Salma, in Court today. I have questioned her about the contents of this petition. She states that she is a lawfully wedded wife of Imdad and has come from his house, Presently, she wants to go with her father but would return to the house of her husband to live with him. Respondent No.1 has no objection in case Mst. Salma accompanies the petitioner for a short stay in his house."

3. The filing of the aforementioned habeas corpus appears to have been done by aforementioned Shafi in collusion with present respondent No.1 Imdad. At that time it was not brought to the notice of the Court that the lady was already married to the present petitioner vide Nikahnama dated 10‑11‑1991. Admittedly, the subsequent Nikahnama in favour of respondent No.1 is dated 19‑12‑1993 where the name of the. lady has been written as Salma Mai. This is how frivolous petition was filed in this Court without stating correct facts.

4. Mst. Iqbal Bibi is present and states that the present petitioner is her husband to whom she was married and then there was one child who had already died. Respondent No.1 Imdad also states that one Shafi received from him a sum of Rs.40,000 which was to consideration for the marriage with Mst. Iqbal Bibi whose name was written as Mst. Salma Mai. Learned counsel for the respondent states that it is most unfortunate that Muhammad Shari has sold the lady to Imdad and that action may be taken against him. It is directed that Yar Muhammad, A.S.I. present shall register a case against Muhammad Shari and investigate the matter.

4. According to the statement of the lady Mst. Iqbal Bibi, petitioner is her husband and she wants to go with him. She is allowed to do so. A.S.I. is further directed to ensure that no harassment is caused to the petitioner and his family by the respondent. In view of above this petition is disposed of. N.H.Q./Z‑142/L Order accordingly.