Mst. MERAJ BIBI vs S.H.O. , P.S. BAGHBANPURA and 4 others
This matter concerns a petition for leave to appeal against an order of the Lahore High Court, which had dismissed a habeas corpus petition regarding the alleged detention of a woman, Mst. Surraya. The High Court had dismissed the petition after the father and brother of the alleged detenu stated she was living happily with her husband and that the petitioner, Mst. Meraj Bibi, was not related to the detenu. Upon review, the Supreme Court of Pakistan summoned the alleged detenu, Mst. Surraya, and recorded her statement on oath. The detenu explicitly testified that she was living with her husband, was under no restraint, and that the petitioner was not related to her and had previously taken her forcibly. Finding that the detenu was not in illegal restraint and that the matrimonial dispute had been settled for the time being, the Supreme Court held that no further inquiry was warranted. Consequently, the Court refused leave to appeal, directing the parties to pursue any further grievances in the appropriate courts of competent jurisdiction.
- Whether a habeas corpus petition is maintainable when the alleged detenu denies being in illegal restraint?
- Can the Supreme Court record the statement of an alleged detenu to verify claims of illegal confinement?
- Is a habeas corpus petition the appropriate forum to resolve underlying matrimonial disputes?
ORDER
1. ' SHAFIUR RAHMAN, J.---The petitioner seeks leave to appeal against order passed by the Lahore High Court dated 27-3-1993 in a Habeus Corpus Petition. The impugned order reads sas hereunder:- "Feroze Din and Faqir Muhammad are present. Mst. Surraya, detenu is daughter of Feroze Din. It is stated by Feroze Din that Mst. Surraya is living happily with her husband Muhammad Boota. It is also stated by Feroze Din and his son Faqir Muhammad that Mst. Meraj Bibi, petitioner is not at all related to Mst. Surraya. In view of the statements of father and brother of the detenu, there is no substance in this petition, which is dismissed with costs of Rs,1,000."
2. ' This order was passed on a Miscellaneous petition. Earlier to it, the Court had passed the following order disposing of the main petition: "Feroze Din, father of the detenu Mst. Surraya is present. He states that Mst. Surraya is living with her real brother Faqir Muhammad and that she is not being detained by any body. This being so, there is no substance in the petition, which is, accordingly, dismissed."
3. We called for the detenu Mst. Surraya in Court. She was examined on oath. Her statement was recorded and has been placed on the file.
4. It appears that the differences between the spouses have been settled 8 for the time being, that Mst. Surraya is no longer in restraint. Hence, no further inquiry is called for in this Court.
5. Leave to appeal is, therefore, refused leaving the parties to seek their own respective alternate reliefs in Courts having jurisdiction in the matter if they want to pursue it further.
6. ' Cr. P. 161/L/93.
7. Statement of Surraya wife of Boota, permanently resident of Tundcy Guru, Post Office Ajnianwala, Tehsil and District Sheikhupura, presently resideing in House No, 6, Street No, 26, Sher Shah Colony, Karachi-28 c/o Mr. Abdul Sattar, on solemn affirmation.
8. ' I am married to Boota and have four children from him. I am living with Boota my husband. There is no restraint on me in the matter of living with my husband. I have come from Karachi. For the last three/four months I have been living in Karachi. ****(By Mr. Kadri, Advocate): ' It is incorrect that I had obtained divorce from Boota and a litigation was going on. The petitioner Mst. Meraj Bibi is not related to me. I have not been living with her. I was taken forcibly by the petitioner at one stage. I was not willingly living with her. The litigation against my husband was carried on on my behalf by the petitioner. I was not a willing party to it.