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Criminal Miscellaneous No. 483‑H of 1984, decided on 14th October, 1984.

---S.491‑‑Habeas corpus‑‑Detenue recovered through bailiff of Court (Aged 19 years) and sui juris‑‑Detenue set at liberty and allowed to go wherever she liked.

Muhammad Akram Khokhar for Petitioner.

Niaz Muhammad Siddiqui for Respondent No.2.

Rashad Khan petitioner has moved this petition under section 491, Cr.P.C. praying that his wife Mst. Farhat Afza who is being illegally detained by the respondents be got recovered and set at liberty. Mst. Latifan Bibi, respondent No.2, is the mother of the alleged detenue and Basharat Ahmad, respondent No.1, is her sister's son. A bailiff of this Court was deputed to recover Mst. Farhat Afza and she has been produced before me. Her statement has been recorded. She has stated that she is nineteen years of age and is the legally‑wedded wife of Rashad Khan. She has further stated that her Nikah ceremony took place on 20‑9‑1984 but she was not sent with the petitioner. Her mother imposed restrictions on her movements and detained her in her house. She has expressed the desire to go with Rashad Khan. She has produced a certificate issued by the Secretary, Board of Intermediate and Secondary Education, Lahore, which shows her date of birth as 10th October, 1965. She has also produced photographs taken on the occasion of her betrothal and marriage with Rashad Khan petitioner. These photographs have been shown to Mst. Latifan Bibi respondent. She states that these photographs were taken on the betrothal ceremony, and not on the marriage. According to the birth‑entry incorporated in the certificate, referred to above, Mst. Farhat Afza is aged about 19 years. Being sui juris she is set at liberty and allowed to go wherever she likes.

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

M. Y. H. Petition allowed.

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