DAUD TARIQ and 2 others vs JAVED MANSHA and 4 others
This matter concerns a habeas corpus petition filed by the brothers of Mst. Sara Tariq, alleging her illegal confinement by respondent No. 1, who claimed to be her husband. Following a court-ordered raid, the alleged detenu was recovered and produced before the Court. The core legal question was whether an adult woman, claiming her marriage was performed against her will and expressing a desire to seek legal dissolution, could be held in the custody of her alleged husband against her wishes. The Court held that the detenu, being an adult and sui juris, possessed the right to liberty and could not be detained against her will. Consequently, the Court ordered her immediate release, allowing her to reside with her brothers, while clarifying that this order did not prejudice any future proceedings before a Family Court regarding the validity of her marriage. Furthermore, the Court addressed the obstruction of its Bailiff during the recovery process, directing the local police to register a criminal case against those responsible for assaulting and confining the court official.
- Can an adult woman be held in the custody of an alleged husband against her express wishes?
- Does a court order for the recovery of a detenu prejudice future proceedings in a Family Court regarding the dissolution of marriage?
- What action can a court take when its Bailiff is assaulted or wrongfully confined while discharging official duties?
ORDER
' In compliance with this Court's order dated 7-1-2004 a Bailiff of this Court conducted a raid at the house of respondent No.1 and after recovering the alleged detenu namely Mst. Sara Tariq therefrom he has produced her before this Court today.
2. The parties as well as their learned counsel have been heard by this Court at some length. The petitioners happen to be the brothers of the alleged detenu namely Mst. Sara Tariq whereas respondents Nos.4 and 5 happen to be the detenu's parents. Mst. Sara Tariq detenu has stated before this Court that she is about eighteen years of age and presently she is a studelt of intermediate. It is admitted at all hands that on 7-12-2003 a marriage ceremony had taken place at Lahore wherein the detenu had statedly been given in marriage by her parents to respondent No.1 and as a consequence of that marriage the detenu has been living with respondent No.1 for sometime till her recovery by the bailiff of this Court. However, the detenu has categorically and emphatically maintained before this Court that she had been given in marriage to respondent No.1 against her wishes and that she does not with to continue living with respondent No.1 as his wife.
She has acknowledge writing of the letter dated 19-12-2003 (a copy whereof has been appended with this petition as Annexure-A) to petitioner No.3. She has gone on to maintain that she intends to get her so-called marriage with respondent No.1 annulled or dissolved through filing appropriate proceedings before a Family Court. She has unmincingly maintained that she is being detained by respondent No.1 at his house against her wishes and that she is being made to live with respondent No.1 under coercion and duress.
3. Without commencing upon the matrimonial dispute between respondent No.1 and the detenu it has become quite clear to this Court that the detenue is an adult, major and sui juris and, therefore, she cannot be detained by any person against her wishes. Detaining the detenue by respondent No.1 at his house against her wishes may amount to a denial of the detenu's right to have access to a Court of law for A seeking annulment or dissolution of her marriage with respondent No.1, as desired by her. In these circumstances, I am left with no option but to allow this petition and to release the detenu from the custody of respondent No.1. The detenue has expressed her desire to go and live with her brothers, i.e. The petitioners for the time being. This petition is, therefore, allowed, Mst. Sara Tariq detenu is hereby released from the custody of respondent No.1 and she is set at liberty. She may, as desired by her, go and live with the petitioners for the time being. It may also be added here that if the detenue chooses to initiate proceedings before a Family Court in respect of annulment or dissolution of he marriage with respondent No.1 then any observation made in the present order or any action taken by this Court in the present proceedings shall not prejudice the learned Family Court in any manner.
4. Before parting with this order it may also be obseived that the report submitted by the Bailiff shows that at the time of recovery of the detenu by the Bailiff he had not only been assaulted upon but had also been abused and threatened by the four persons mentioned in the report submitted by the Bailiff. The report further shows that the Bailiff had also been wrongfully confined at a time when he was discharging his official duties. A Rappat (Rappat No.22) has already been lodged by the Bailiff on 7-1-2004 in respect of the said incident at Police Station City, Depalpur, District Okara.
Any maltreatment of a Bailiff of this Court by any person when the Bailiff is discharging an official duty assigned to him by this Court is a serious matter which cannot be ignored by this Court lest it may encourage others to take any order or proceeding of this Court lightly. The Station House Officer of Police Station City, Depalpur, District Okara is, therefore, directed to register a criminal case against the delinquents on the basis of the above-mentioned Rappat already lodged by the Bailiff of this Court and then to proceed in the matter as warranted by the law.
5. With the observations made and the orders passed by this Court above this petition is hereby disposed of.
6. The amount of security deposited by the petitioners shall be refunded to them. accordingly.