MUHAMMAD HUSSAIN vs S.H.O. POLICE STATION KALAR KAHAR DISTRICT
This matter arises from a habeas corpus petition filed by the petitioner for the recovery of his daughter, Mst. Shumaila, from the alleged illegal detention of respondent No.2. The core legal question concerned whether the alleged detenue was in illegal detention or had contracted a free-will marriage. The Lahore High Court dismissed the petition after noting that the detenue had produced a Nikahnama and a Rukhsati certificate showing she contracted marriage with respondent No.2 of her own free will, and had also made a statement before a Magistrate expressing her desire to live with her husband. The court held that no roaming search could be conducted when the detenue had contracted a free-will marriage, while observing that the petitioner was at liberty to seek remedies through a criminal case if he disputed the marriage. The key principle laid down is that habeas corpus proceedings will not be used to conduct roaming searches or interfere with a sui juris adult female's free-will marriage.
- Whether habeas corpus petition is maintainable for the recovery of an adult female who has contracted marriage of her own free will?
- Can the court order a roaming search for the recovery of an alleged detenue when she is untraceable and has contracted marriage?
- What is the remedy available to a parent who disputes the validity of a free-will marriage claimed by the alleged detenue?
ORDER
' MALIK SAEED EJAZ, J.--- For recovery of Mst. Shumaila, daughter of petitioner, from the alleged illegal detention of respondent No,2, the instant petition was filed and S.H.O./respondent No,1 was directed to recover and produce the alleged detenue before this Court, but she could not be produced before this Court even today.
2. Today Iftikhar Ahmad, A.S.-I., present in Court, states that in fact the alleged detenue has contracted marriage with Waseem Abbas/ respondent No,2 and both of them are not traceable at the given address.
3. Learned counsel for the petitioner submits that since this Court has already issued specific direction for recovery of the alleged detenue, so the detenue should be got recovered from the illegal custody of respondent No,2.
4. Learned counsel appearing on behalf of respondent No,3, father of Waseem Abbas/respondent No,2, has submitted Nikahnama of the alleged detenue Mst. Shumaila, which reveals that she has contracted marriage with Waseem Abbas/respondent No,2 on 10-3-2008. Rukhsati certificate issued by Union Council No,8/Bhoon, Tehsil Kalar Kahar, District Chakwal has also been produced in support of Nikahnama. Photocopy of statement, dated 13-5-2008 of the alleged detenue made before the learned Magistrate, Chakwal, has also been produced. According to which, she has levelled allegations against the petitioner that petitioner himself had got contracted her Nikah with Muhammad Ilyas against considerable amount and then divorce was obtained from said Muhammad Ilyas, as such the petitioner is a greedy person and now he wants that she may get divorce again from Waseem Abbas; and now she wants to live with her husband Waseem Abbas.
5. I have heard the learned counsel for the parties and gone through the available record.
Undoubtedly direction was issued for recovery of the alleged detenue to respondent No,1, but A.S.-I., present in Court, has stated that recovery of the alleged detenue could not be effected at the given address. As such no roaming search can be made. Particularly in the circumstances when it has come on record that she has contracted marriage with respondent No,2 with her free will. However, the petitioner is at liberty to get the case registered against Waseem Abbas for abduction of the alleged abductee, if he feels that his daughter has been abducted and she has not contracted marriage with Waseem Abbas with her free will.
6. This petition with the above observation stands dismissed.