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DOST MUHAMMAD versus STATE


Criminal Code of Conduct (CCPC) Section 491 Corps Ditino is accused of abusing her husband and abusing her wishes, and in this case a father who wants to go to freedom with his father Detino. Appoint such a court.

1984 M L D 1443 (1)

[Karachi]

Before Munawar Ali Khan, J

DOST MUHAMMAD--Applicant

Versus

THE STATE and others--Respondents

Criminal Miscellaneous Application No.983 of 1981, decided on 27th December, 1981.

Criminal Procedure Code (V of 1898)--

---S.491--Habeas corpus--Detenu making allegation of maltreatment against her husband as well as detention against her wishes--Detenue a sui juris desiring to go with her father--Detenu set at liberty, in circumstances.

P L D 1976 Lah. 670 ref.

S.D. Rana for Applicant.

Abdul Sattar Shaikh, Addl. A.-G. for the State.

JUDGMENT

In view of her statement as above she appears to have been detained by her husband against her wishes. According to the case reported as P L D 1976 Lahore 670 wife cannot be compelled to live with her husband even where he obtained a decree of restitution of conjugal rights. There are allegations of maltreatment made by her against her husband. The detenue woman is aged about 21 years. She has expressed her desire to go with her father who is present in Court. She being a grown up married woman is hereby set at liberty and allowed to go any where, on her own free will.

S. G. D. Detenue released.

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