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BIBI versus HUSSAIN BAKHSH ALIAS HUSSAINA


Criminal Code of Conduct (CRPC) Section 491 Habitat Corp. Donsonio's husband abused her, did not allow her parents to see her and detained her illegally during her visit; Was allowed to go where he liked. [Habs Corp]

1983 P Cr. L J 141 (1)

[Lahore]

Before Muhammad Rafique Tarrar, J

Mst. BIBI-Petitioner

Versus

HUSSAIN BAKHSH alias HUSSAIN A-Respondent

Criminal Miscellaneous No. 457/H of 1978, decided on 12th June, 1978.

Criminal Procedure Code (V of 1898)

---S. 491-Habeas corpus-Detenu's husband maltreating her, not permitting her parents to see her and keeping her in illegal detention on their visit-Detenu being a sui juris, held, allowed to go wherever she liked.-[Habeas corpus].

Petitioner in person.

Respondent in person.

ORDER

Mst. Bibi, petitioner has moved this petition under section 491. Cr. P. C. praying that her daughter Mst. lqbal Begum be ordered to be recovered and produced before this Court and set at liberty. Bailiff was deputed and he has produced the detenue before me. Her statement ha been recorded. She states that she was married to the respondent about 1 years back and has three children from the wedlock. She further state that the respondent maltreats her and does not permit her parents to se her and whenever they visit her house, he keeps her in illegal detention. She has expressed the desire to go with her mother, the petitioner. She is sui juris and is allowed to go wherever she likes.

2. The amount of Rs. 300 deposited as security shall be refunded to the petitioner.

Order accordingly.

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