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Criminal Miscellaneous Application No. 253 of 1969, decided on 14th July 1969.
-- S. 491‑Habeas corpus‑Detenu, a grown up girl, admitting to be legally wedded wife of applicant and alleging being forcibly detained by her brother against her wishes‑Detenu allowed to accompany one or the other party as she desired.
Rasool Bux Memon for Appellant.
Osman Ghani for Respondent No. 2.
Date of hearing : 14th July 1969.
This application under section 491, Cr. P. C. has been filed by one Dhanibux son of Khan Muhammad Sand, an Advocate practising at Tando Allahyar, District Hyderabad. In the applica tion, the applicant states inter alia that he married with Mst. Hawa daughter of Siddiq Thahim, about a month or two back. On this marriage her relations got enraged and her brother namely, Yar Muhammad and other relations came to the house of the applicant along with Pir Khalid Jan Sarhadi and they asked him to allow Mst. Hawa to go with them, till such time as the matter was reconciled with her relations. Pir Khalid Jan thereafter, handed over Mst. Hawa to her brother Yar Ali, who is present in Court and has in fact accompanied the applicant and the police officer.
2. I have examined Mst. Hawa in Court this morning and she stated that she is the legally wedded wife of the applicant Dhani Bux son of Khan Muhammad Sand and that she is being forcibly detained by her brother against her, wishes and that she would like to go with her husband. The girl appears to be fully grown up, in fact she has three children.
3. The applicant has today filed an affidavit in Court stating that he is an Advocate of 12 years standing and that he had in fact married with Mst. Hawa during the month of May 1969; the marriage was duly entered in the Marriage Register maintained at the Union Council Office, Nawabshah. He stated that if it is necessary he can produce the certified copies of the Nikahnama and the relevant entries. I find no reasons to disbelieve the applicant, who appears to be a very respectable person. Mst. Hawa expressed her desire to go with the applicant Dhani Bux son of Khan Muhammad Sand. She is free to go wherever she likes. Till such time she can accompany one or the other party, the police guard will assist her to ensure her safety.
Application accepted.
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