1993 PLP 1633 (SCMR)

SHAFIUR RAHMAN, J.‑‑‑The petitioner seeks leave to appeal against order passed by the Lahore High Court dated 27‑3‑1993 in a Habeus Corpus Petition. The impugned order reads as hereunder:‑‑ "Feroze Din and Faqir Muhammad are present. Mst. Surraya, detenu is daughter of Feroze Din. It is stated by Feroze Din that Mst. Surraya is living happily with her husband Muhammad Boota. It is also stated by Feroze Din and his son Faqir Muhammad that Mst. Meraj Bibi, petitioner is not at all related to Mst. Surraya. In view of the statements of father and brother of the detenu, there is no substance in this petition, which is dismissed with costs of Rs.1,000." This order was passed on a Miscellaneous petition. Earlier to it, the Court had passed the following order disposing of the main petition: "Feroze Din, father of the detenu Mst. Surraya is present. He states that Mst. Surraya is living with her real brother Faqir Muhammad and that she is not being detained by any body. This being so, there is no substance in the petition, which is, accordingly, dismissed." We called for the detenu Mst. Surraya in Court. She was examined on oath. Her statement was recorded and has been placed on the file. It appears that the differences between the spouses have been settled for the time being, that Mst. Surraya is no longer in restraint. Hence, no further inquiry is called for in this Court. Leave to appeal is, therefore, refused leaving the parties to seek their own respective alternate reliefs in Courts having jurisdiction in the matter if they want to pursue it further. Cr. P. 161/L/93. Statement of Surraya wife of Boota, permanently resident of Tundey Guru, Post Office Ajnianwala, Tchsil and District Sheikhupura, presently resideing in House No. 6, Street No. 26, Sher Shah Colony, Karachi‑28 c/o Mr. Abdul Sattar, on solemn affirmation. I am married to Boota and have four children from him. I am living with Boota my husband. There is no restraint on me in the matter of living with my husband. I have come from Karachi. For the last three/four months I have been living in Karachi. ************(By Mr. Kadri, Advocate): It is incorrect that I had obtained divorce from Boota and a litigation was going on. The petitioner Mst. Meraj Bibi is not related to me. I have not been living with her. I was taken forcibly by the petitioner at one stage. I was not willingly living with her. The litigation against my husband was carried on my behalf by the petitioner. I was not a willing party to it. N.H.Q./M‑1774 Leave to appeal refused.