Petitioner Mohammad Gulsher has filed this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 read with section 491, Cr.P.C. For the recovery of his wife Mst. Gulnaz alleging that his wife has been illegally detained by respondents No. 2 to 6.
2. Today, the alleged detenue Mst. Gulnaz has been produced before the Court. She stated that she has contracted valid marriage with the petitioner Mohammad Gulsher on 25.08.2015 with her free consent being sui juris. She further stated that she was illegally detained by her father and others and now she wants to go with the petitioner-her husband. Mst. Gulnaz has denied from the alleged Nikah Nama and marriage with Muhammad Sajid s/o Haq Nawaz and she stated that said Nikah Nama has been procured falsely by her father, forcibly under coercion. She further stated that she was compelled by her father to file suit for jactitation of marriage against the petitioner and her thumb impressions were obtained under coercion.
3. Learned counsel for the petitioner contended that Mst. Gulnaz has contracted valid marriage with the petitioner on 25.8.2015 at her own and in this respect he has produced original marriage registration certificate issued by Secretary Union Council Nawabpur (60) District Multan. Copy of the Nikah Nama of the petitioner with Mst. Gulnaz is also available on the record.
4. On the other side, learned counsel for respondent No. 4 father of the alleged detenue contended that Nikah Nama of the petitioner with the alleged detenue is incorrect and fictitious; that Mst.
Gulnaz was married with Muhammad Sajid vide Nikah Nama dated 28.08.2015; that as there are two Nikah Namas of the alleged detenue she be sent to Darul-Aman till decision of her suit for jactitation of marriage filed against petitioner. In this respect he has placed reliance upon "Ali Muhammad Vs. The State and others" (2013 SCM R 1484).
5. Arguments heard, record perused.
6. In this petition the petitioner has alleged that he contracted marriage with Mst. Gulnaz on 25.08.2015 against wishes of her parents and on 1.9.2015 at about 3.30 a.m. Respondents No. 3 to 6 forcibly entered into his house by climbing over the walls and forcibly took away his wife on gunpoint while giving threats. Today, Mst. Gulnaz the alleged detenue while appearing before this Court has categorically deposed that she has contracted valid marriage with the petitioner on 25.08.2015 being sui juris and she wants to go with the petitioner, her husband. She has disowned and denied from her Nikah or marriage with Muhammad Sajid. She further denied the filing of suit for jactitation of marriage against the petitioner stating therein that the alleged suit was procured by her father forcibly under coercion. Admittedly, Mst. Gulnaz is major and sui juris as her father himself is alleging her Nikah with Muhammad Sajid for which document she has categorically denied. Therefore, in these circumstances when admittedly she is major, there is no justification for sending her, a sui juris lady to Darul Aman against her consent and wishes. In the judgment reported as "Ali Muhammad Vs. The State and others" (2013 SCM R 1484), referred by the learned counsel for respondent No. 4, the Apex Court of this country was pleased to set aside the order passed by this Court dated 4.7.2013, whereby the lady was sent to Darul Aman keeping in view two Nikah Namas existed on the record. The Hon'ble Supreme Court of Pakistan was also pleased to allow the said lady to go and live with her father, as desired by her.
7. In the present case, Mst. Gulnaz who admittedly is major & sui juris has categorically admitted her Nikah with the petitioner and she has stated before this Court that she wants to go with the petitioner-her husband.
8. Therefore, in view of the above discussion and observations, this petition is accepted and Mst.
Gulnaz is allowed to go with the petitioner. Muhammad Ilyas and Manzoor Ahmad, S.Is. Present in the Court are directed to provide necessary protection to Mst. Gulnaz and the petitioner her husband.