1996 P Cr (PLP)

Syed Mumtaz Ahmad Gilani for Respondents Nos.2 and

3. Rasool Bakhsh petitioner is the husband of Mst. Hasina. Allah Bakhsh a "Phoophi Zad" of Mst. Hasina filed an application before the District Magistrate, Muzaffargarh under section 552, Criminal Procedure Code for her recovery from the custody of her husband on the ground that there was disparity of ages between the spouses and that Rasool Bakhsh desired to make sale of his wife. The statement of Allah Bakhsh was recorded. Mst. Hasina was got recovered. She was lodged in the Darul Aman. She was examined when she stated that her forged Nikah was performed. The statement of her "Khala" Mst. Sahib Mai was a1So recorded. Mst. Hasina was handed over to her "Khala" Mst. Sahib Mai and she was directed to look after her and to marry her according to her (Mst. Hasina's) desire.

2. Feeling aggrieved Rasool Bakhsh petitioner has filed this revision petition against the final order, dated 26-6-1996.

3. I have heard the learned counsel for the parties as well as the learned District Magistrate, Muzaffargarh and gone through the record. The main contentions of the learned counsel for the petitioner are that neither Allah Bakhsh nor Mst. Sahib Mai respondents Nos.2 and 3 had the locus standi to make application and to "get the person of Mst. Hasina respectively; nor the District Magistrate, Muzaffargarh was competent to proceed under section 552, Criminal Procedure Code as Mst. Hasina Mai is the wife of Rasool Bakhsh petitioner. It is added that the impugned order is illegal as the District Magistrate while proceeding under section 552, Criminal Procedure Code could not pass the order for the marriage of Mst. Hasina by her "Khala" as she is the wife of Rasool Bakhsh petitioner and was not a woman being unlawfully detained. On the contrary learned counsel for respondents Nos.2 and 3 argued that Mst. Hasina had instituted a suit for dissolution of marriage on 4-7-1996 who could not be handed over to Rasool Bakhsh petitioner with whom she was not admitting her marriage.

4. For the proper disposal of this dispute section 552 of the Code of Criminal Procedure is reproduced as under:-- "

552. Powers to compel restoration of abducted females.

Upon complaint made to District Magistrate on oath of the abduction or unlawful detention of a woman, or of a female child under the age of sixteen years, for any unlawful purpose, he may make an order for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent guardians or other person having the lawful charge of such child and may compel compliance with such order, using such force as may be necessary."

5. According to Rasool Bakhsh petitioner who moved the application under section 552, Criminal Procedure Code Mst. Hasina was the wife of Rasool Bakhsh petitioner. The disparity of ages between the spouses would not confer the jurisdiction upon the District Magistrate to proceed under section

552. Criminal Procedure Code Mst. Hasina being the wife of Rasool Bakhsh could not be held to be under the unlawful detention of her husband especially when respondents Nos.2 and 3 have no better status in the matter. Mst. Aziz, Mst. Sharifan Bibi and Mst. Hanifan Mai (sisters) and one brother namely Taj-ul-?Malook of Mst. Hasina have appeared today who has specifically supported the case of Rasool Bakhsh petitioner regarding his better treatment towards his wife Mst. Hasina. My view is that this is a case of transgression of authority on the part of the District Magistrate who has interfered in the matrimonial life of the aforesaid spouses without any legal justification by invoking the provisions of section 552, Criminal Procedure Code. All the proceedings conducted by him are nothing but the abuse of process of law and the impugned order, dated 26-6-1996 in the matter, as such, is held to be without jurisdiction, without authority and illegal.

6. For what has been said above, I accept this criminal revision petition, set aside the impugned order, dated 26-6-1996 and dismiss the application (ilea under section 552, Criminal Procedure Code by Allah Bakhsh respondent No.2 before the District Magistrate, Muzaffargarh. The husband, the three sisters anal the brother of Mst. Hasina are allowed to taker her away with them to the house of her husband. N.H.Q./R-18/L??????????????????????????????????????????????????????????????????????????????????? Revision accepted.