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1982 P Cr. L J 1152

Mst. FARHAT AND Another vs THE STATE AND 2 OTHERSs

Citation1982 P Cr. L J 1152
CourtLahore High Court
Case No.Writ Petition No. 10769 of 1980
Date1981-11-10
Judge(s)Dr. Javed Iqbal
ResultOrder accordingly

ORDER

Fida Hussain S. H. O. Police Station Mahmood Kot, is present along--with the record.

2. The position in this case is that Muhammad Alam respondent, father of Mst. Farhat petitioner had lodged F. I. R. Under sections 10 and 11 of the Enforcement of Hudood Ordinance, 1979, against Muhammad Siddiq petitioner No. 2 and others for abduction of Mst. Farhat petitioner. Mst. Farhat petitioner has appeared alongwith her counsel and she stated before me that she was the lawful- wedded wife of Muhammad Siddiq petitioner. Annexure `A' is the Nikahnama, Annexure `B' is the medical report to the effect that she was major and Annexure ---C--- was her affidavit to the effect that she had not been abducted by any one but on her own choice she married Muhammad Siddiq petitioner and was living happily with him as his wife. She stated that she was being harassed by the. S. H. O. Police Station Mahmood Kot, Tehsil and District Muzaffargarh; in connection with the F. I. R. Lodged at the instance of her father Muhammad Alam respondent who has not approved of this marriage. She is also present in Court today and has categorically stated that she had married Muhammad Siddiq petitioner and that she had not been abducted --by any one. Learned counsel for Muhammad Alam respondent submits that the Nikahnama in the instant case is forged and that the girl was a minor. But I am afraid I cannot go into these matters and hold an enquiry. Before me is a 'petition under Article 199 of the Constitution in which Mst. Farhat petitioner has alleged that she was being harassed by the Police. In the light of the Police record it appears that at the instance of her father a case has been registered against Muhammad Siddiq peti--tioner of abduction of Mst. Farhat petitioner. In writ jurisdiction this Court is not competent to proceed in a matter of this nature. But I am certain that if the girl is major and has categorically stated that Muhammad Siddiq petitioner is her husband and that she wants to live with her hus-- band, then obviously Muhammad Alam respondent, her father cannot get her back by getting a false case registered against her and her husband. I trust that in the course of. Investigation when these facts are found out, the Police may discharge Muhammad Siddiq petitioner or Mst. Farhat petitioner as the case, may be.

With these observations this petition is disposed of.

Cited by 1 case

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