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---S. 491-Practice of filing petition under S. 491-Having a married woman brought before Court, getting her statement recorded and on basis of such statement subsequently filing suit for dissolution of marriage-Practice deprecated.

Abdul Waheed Khawja for Petitioner.

Ch. Bashir Ahmad for Respondent.

Date of hearing : 30th April 1974.

Umaid Khan, petitioner herein, filed Criminal Miscellaneous No. 67-R of 1971 alleging that her daughter, Mst. Naseeri, was in wrongful confinement of Akbar, her husband. She was recovered through a Bailiff of this Court. Before her statement could be recorded, the petitioner withdrew the application on the pretext that the parties had "reached a settlement." This is yet another application of the same nature. Notice was issued to Akbar, respondent, to produce her in Court on the 27th of March 1974. The respondent agreed to send Mst. Naseeri with the petitioner on the express understanding that she would return to her husband. The petitioner also promised that he would send her back with Akbar on the next date of hearing. Today when the case came up for hearing, learned counsel for the petitioner states that she is not willing to go and live with her husband, Akbar.

2. It is of late being observed that petitions are filed in this Court under section 491, Cr. P. C. and on the basis of the statements of the ladies before the High Court suits for dissolution of marriage are being instituted and the Courts below generally decree the same on the basis of the orders passed by the High Court. I would like to make it clear A that if any order is made under section 491, Cr. P. C. it shall never be interpreted to mean that the Court has expressed any opinion on any question relevant for the determination of suit for dissolution of marriage. The present petition appears to be of the same nature. It was a contrivance by the petitioner when he promised on the 27th of March 1974 to return Mst. Naseeri to her husband on the next date of hearing i.e. today, and the position taken up by the girl is doubtless under his directions because on the last date of hearing she was absolutely ready to live with the respondent. it may also be a contrivance for instituting other proceedings.

3. Since, however, Mst. Naseeri is sui juris she is permitted to go wherever she likes. This petition is disposed of accordingly.

K. B. A. Order accordingly.

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