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MUHAMMAD TUFAIL versus MUHAMMAD HANIF


Criminal Code of Conduct (CCPC) Section 491 Habitat Corpus Ditano, in his statement before the High Court, stated that defendant's husband was forcibly placed her at her home and that she should visit her parents or set up her real brother and sister Ditono. Not allowed to attend wedding ceremonies. Allowed to accompany his father on freedom and as he wished

1984 M L D 1489

[Lahore]

Before Muhammad Ilyas, J

MUHAMMAD TUFAIL--Petitioner

versus

MUHAMMAD HANIF--Respondent

Criminal Miscellaneous No.291/H of 1982, decided on 18th July, 1982.

Criminal Procedure Code (V of 1898)--

---S.491--Habeas corpus--Detenu in her statement before High Court, stating that respondent her husband was keeping her at his house forcibly and was not allowing to see her parents or attend marriage ceremonies of her real brother and sister--Detenu set at liberty and allowed to go with her father as desired by her.

Malik Muhammad Rashid Awan for Petitioner.

Hasan Ahmad Khan Kanwar for Respondent.

ORDER

Mr. Muhammad Akmal, Bailiff, has produced the alleged detenu, Mat. Safia, alongwith her minor son, Ghulam Mustafa. The bailiff has also filed his report stating that he recovered her from the house of respondent and brought her here.

2. As desired by learned counsel for the respondent, the respondent as well as the petitioner has been asked to wait outside the Court Room to enable the alleged detenu to make voluntary statement. Let the statement of the alleged detenu, Mst. Safia, be recorded.

Statement of Mst. Safia wife of Muhammad Hanif respondent aged 25 years, caste Kumhar, house wife, resident of Chak Dorsanabad, Tehsil and District, Okara, on S.A.---

"The respondent is my husband and the petitioner is my father. I was married to the respondent about 9/10 years ago. I got four children from him out of whom one has died recently. The respondent has kept me at his house forcibly and does not allow me to see my parents. He did not allow me to attend the marriage ceremonies of my real brother and sister. I want to go with my father (petitioner). I do not want to go back to the house of my husband (respondent)."

3. In view of the above statement of Mst. Safia she is allowed to go with her father. The respondent has taken custody of his son, Ghulam Mustafa, who was brought by Mst. Safia. The petition is disposed of.

4. The amount of security deposited by the petitioner shall be refunded to him.

S. G. D. Detenu set at liberty.

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