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Petition for Special Leave to Appeal No. 67 of 1968, decided on 13th May 1968.

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 5th February 1968, to Criminal Miscellaneous No. 423 of 1968).

S. 491----M filing petition under S. 491 alleging that Z his wife war being detained by F-- High Court ordering production of Z in Court and Z supporting M-F, however, producing Nikahnama and father of also supporting F that Z was his legally married wife-No evidence produced by M that he was husband of Z-High Court in circumstances, held, right in giving Z in custody of F.

Saeedul Hassan, Advocate Supreme Court instructed by Abdul Karim Sheikh, Attorney for Petitioner.

Nemo for Respondents.

Date of hearing: 13th May 1968.

This petition for special leave to appeal arises out of an order of a learned Single Judge of the High Court of West Pakistan in a proceeding under section 491 of the Criminal Procedure Code.

In this petition it was alleged that one Mst. Zubeda Begum, daughter of one Shukar Din who was the legally wedded wife of the petitioner was being wrongfully detained by her parents, for immoral purpose. It was also alleged that they had in fact sold the woman to the respondent who was confining her against her will.

The High Court called for the production of the woman in Court. She was produced there by the bailiff and site supported the allegation in the petition under section 491, Cr. P. C. The respondent, however, produced a Nikah Nama bearing the seal of the Nikah Registrar and this showed that the woman was married to him at Kot Panah in Tehsil Hafizabad, on the 28th July 1965. Her father also appeared before the learned Judge of the High Court and supported the case of the respondent. As there was no allegation of maltreatment against the said respondent, the High Court took the view that the respondent being the husband of Mst. Zubeda Begum, was entitled to her custody.

The petitioner was asked to produce his own Nikah Nama if there was any. He, however, stated that since his Nikah took place before the Muslim Family Laws Ordinance, 1961, cam into force, there was no Nikah Nama. His story was accordingly disbelieved by the High Court and his petition was dismissed.

He now seeks special leave to appeal and it is urged on his behalf that the Court having directed the production of the detenu in Court, had no further jurisdiction to enquire into the ether the respondent was lawfully married to her as to whether or not, particularly since the detenu herself supported the allegation in tile petition.

We are unable to accept this contention. We are of the opinion that the High Court had the right to dismiss the petition under section 491 after having found that the woman was lawfully married to the respondent.

There is no substance in this petition which is accordingly dismissed.

Leave refused.

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