1976 P Cr (PLP)

Criminal Miscellaneous No. 283‑H of 1976, decided on 7th May 1976. ‑‑ S. 491‑‑Habeas corpus‑Detenu a girl of 17/18 years of age, desiring to accompany her brother and refusing to go with her alleged husband‑Detenu set at liberty and allowed to go wherever she liked, in circumstances.‑[Habeas corpus]. Muhammad Rafiq Khan Chohan for Petitioner. Respondent in person. Date of hearing : 7th May 1976. This is an application for recovery and production of Mst. Bilquis allay Dibi. The application has been bled by her brother Iqbal Hussain. The detenu was recovered and made a statement deposing that she was not wife of Siraj Din respondent. She deposed that she was of 17/18 years of age, aril that she did not wish to go and live with Siraj Din respondent. She submitted that she would like to live with her brother lqbal Hussain and her mother. The statement of Siraj Din was also recorded. He, however, deposed that Mst. Bilquis alias Bibi detenu was his lawfully‑wedded wife. Ho stated that copies of the nikahnama were retained in the village where the marriage took place and no copy was handed over to him and, therefore he was not in a position to produce any copy of the nikahnama, though he requested that this Court should send for the relevant nikahnama from the place concerned. Siraj Din further stated that Mst. Bilquis alias Bibi was pregnant from him and was in the sixth month of pregnancy, though Mst. Bilquis alias Bibi refuted this fact I have no intention to give any adjudication on the point whether Siraj Din is the husband of Mst. Bilquis alias Bibi or whether any marriage did or did not take place, because, that is a matter which may need leading of evidence and holding of a roving enquiry for which, in my opinion, the parties concerned have ample remedies under the law of the land and in these summary proceedings this is not a fit subject to be attended to at the present. It is sufficient for my part that Mst. Bilquis, who is sui juris of 17/18 years of age, has expressed a desire that she would prefer to live with her brother. Iqbal Hussain and her mother. Solely giving effect to her wish and choice, she is set at liberty to go wherever she likes. This is further to reiterate that this should not be understood as if I have given any indication directly or indirectly on the subject of the relationship of Siraj Din and Bilquis alias Bibi as advanced by them in their, statements. Order accordingly. There shall be no‑order as to costs. The costs deposited by the petitioner should be refunded to him. Order accordingly.