Advocate Nazia from Lahore Pakistan says that in a case of procedure of court marriage in Pakistan an alleged detenue found by the bailiff in the house of respondent No. 3. Not under any kind of restraint. She followed the procedure of court marriage in Pakistan with the son of Respondent No. 3. She has categorically maintained that she contracted marriage with the son of respondent No. 3 about six months ago and that she is living with her husband without coercion or duress from any quarter. The house of She has also disowned the letters appended with this petition as might have been written by somebody who was the alleged Annexure A and B and has maintained that the said letters were bogus. Given the stand taken by alleged detenue, this petition fails and the same is dismissed. Petition dismissed (KLR 2004 Criminal Cases 370).
Habeas Corpus Petition:
Inappropriate and undesirable if not illegal for the High Court to have determined the validity proceedings under Section491, Cr.P.C. [PLD 2004 SC 219 Petition. Habeas corpus: Analyzing the statement of procedure of court marriage in Pakistan on the touchstone of Injunctions of Islam coupled with the material available on record the Nikah in between the petitioner and Sahib Noor and decision in the writ petition wherein the matter was discussed and direction was issued to the police not to harass Sahib Noor and the fact of her marriage with Riaz was also considered.
Some of The Fact By The Divorce After Court Marriage:
The fact of divorce by AbdurRehman was also taken into consideration. There is nothing on record that said AbdurRehman even after this writ petitioner otherwise took any step to have the recovery of Sahib Noor if she had been divorced by him. AbdurRehman did not agitate the matter before any proper forum. Sahib Noor states that she is an adult and she wishes to go wherever she likes therefore this petition is disposed of with a direction that Sahib Noor is allowed to go wherever she likes. However, AbdurRehman is at liberty to avail his other remedy available to him under the law, if he so feels necessary, who alleges himself to be the husband of Sahib Noor.
Laws For Court Marriage Procedure in Pakistan:
This petition stands disposed of (2003 PCr. LJ 1711). Habeas corpus application dismissed when detenue unambiguously stated that she was not detained by respondents (her parents) and there was no gain of truth in allegation of illegal detention (1999 Cr. LJ 239). Habeas corpus petition: Alleged detenue who was the wife of petitioner appeared in court along with her minor children and stated that she was in the house of her father wither own will and she had also stated in court that she would like to go with a petitioner who was her husband. Petitioner denied the execution of Talaqnama allegedly executed by him. Alleged execution of detenue, wife of petitioner, along with her minor children, was allowed to go with the petitioner (1999 MLD 34301) Habeas corpus petition: Detenue, when produced before High Court, stated that she had been wrongfully confined by her husband after the procedure of court marriage in Pakistan. Detenue was an adult and could not be kept or Confined against her will and wish. Detenue was, consequently, set at liberty to go wherever she liked (1997 PCrLJ 10141).