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Criminal Miscellaneous No. 544‑H of 1985, decided on 9th December, 1985.
‑‑--S.491‑‑Habeas corpus‑‑Detenu stating before Court to be legally married to petitioner and having been illegally detained by respondent‑ Detenu set at liberty and placed in custody of petitioner in accordance with her wish, in circumstances.
Syed Maruf Ahmad Ali for Petitioner.
Date of hearing: 9th December, 1985.
Pursuant to the order of this Court, dated 7‑12‑1982 Muhammad Saeed. Bailiff of this Court, has recovered Mst. Khalida Anjam, detenue, from the house of Muhammad Jamil, respondent, situated in Chak No.45/G.B. District Faisalabad. Let the statement of the detenu be recorded.
This is a petition under section 491 Cr.P.C. Nazakat Ali, petitioner, for the recovery of his wife Mst. Khalida Anjum, detenu, from the illegal custody of Muhammad Jamil, respondent.
2. Pursuant to the order of this Court, dated 7‑12‑1985, Mst. Khalida Anjam, detenu, was recovered from the house of Mistri Muhammad Jamil, respondent, and has been produced in Court. Her statement has been recorded. From her statement it appears that she was married with the petitioner and resided with him for a month, where after the respondent came and took her and her father to his house, promising to return her later to her husband. The respondent, thereafter, illegally detained her. According to her statement, she wants to return to an a reside with her husband and has expressed desire to be placed in his custody. From her statement it appears that she is being illegally detained by the respondent.
3. For the forgoing reasons, this petition is accepted and Mst. Khalida Anjam, detenu, is set at liberty and, in accordance with her wish she is placed in the custody of the petitioner, with whom she is may go.
4. The security deposited by the petitioner shall be refunded to him personally on his proper identification.
S. G. D. Petition accepted.
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