Procedure of Court Marriage in Pakistan and Detention

Procedure of Court Marriage in Pakistan and Detention:

Advocate Nazia from Lahore says that after the procedure of court marriage in Pakistan, the direction was issued for recovery of the alleged detenue to SHO, but ASI, present in Court has stated that recovery of the alleged detenue could not be made at the given address. As such, no roaming search can be made. Further stated that detenue had followed the procedure of court marriage in Pakistan with her free will. However, the petitioner was at liberty to get the case registered against the respondent for the abduction of the alleged abductee if he has not felt that his daughter has been abducted and she has not followed the procedure of court marriage in Pakistan the respondent with her free will. Petition dismissed. [PLJ 2009 Cr.C. (Lah.) 169]. Petition by mother for recovery of her daughter filed under Section 491 after her daughter followed the procedure of court marriage in Pakistan.

Issue On Recovery of a Daughter:

Sessions Judge issuing warrants for recovery of a daughter with direction to S.H.O. to produce her before the Court. The daughter challenged warrants by filing a writ petition in High Court. Writ petition contending before the High Court was that she was an adult and had followed the procedure of court marriage in Pakistan of her free-will, she was not abducted or detained illegally by anyone, and those entire proceedings conducted by Sessions Judge were misconceived and a nullity in the eye of law. High Court holding that in such circumstances, the course adopted by Sessions Judge by issuing warrants for recovery of the writ petitioner was not warranted. High Court accepted writ petition and quashed proceedings pending before Sessions Judge. (2007 SD 976; 2008 YLR 81)

 Preamble Habeas Corpus Petition:

Alleged detenue the was present in Court and stated that she had married the respondent and was living with him on her own free will and consent as his wife and that she was not in illegal detention. The procedure of court marriage in Pakistan had been duly registered. According to the medical report, the alleged detenue was 15 years old, and being an adult, she could marry on her own will and choice even without the father’s permission. Even the Child Marriage Restraint Act 1929 did not invalidate the marriage once it had been performed. Having attained puberty under Islamic law, the girl could marry. Her husband, who to prove his bona fides, had undertaken to deposit Rs. 50,000 in her name in any profitable scheme of National Savings Centre for five years. Alleged detenue, having not been found in illegal custody, was protected and allowed to accompany her husband (2006 YLR 2936).

Petitioner & Detenue:

Petitioner and detenue claimed to be husband and wife, which were evidenced by said Nikahnama. Said detenue pleaded that her father had obtained her thumb- impression on specific papers under duress. In those circumstances, subsequently, Nikah of detenue could not be treated as valid Nikah. She was brought from the house of her father and produced in the Court. Detenue was allowed to accompany the petitioner/her husband. Petition allowed (2006 PLR 1297). Habeas corpus petition: Inappropriate and undesirable, if not illegal, for the High Court to have determined the validity of a marriage on the touchstone of Injunctions of Islam, in proceedings under Section 491, Cr.P.C. [PLD. 2004 SC 219 11.