' The learned counsel for Allah Yar, respondent, has filed a written statement on behalf of his client, together with his client's affidavit and that of Sardar Ahmad, Wali Muhammad, Ghulam Sarwar and Muhammad Yar.
2. At the last hearing, the learned counsel for Allah Yar, respondent, had taken the position that the petitioner was never married to Mst. Bivi, detenue, and that the so-called Nikahnama lodged in Court was a fake. The learned counsel undertook to produce his written statement, evidence and affidavits in support of his case. Accordingly, the case was adjourned to today io enable the written statement and the affidavits to come on the record. The petitioner was also directed to be present personally today. The petitioner has not presented himself before this Court today. The learned counsel for the petitioner has also not produced the witnesses of the so-called Nikah. The photostat copy of the Nikahnama, which has been filed in Court, shows that the witnesses on behalf of Mst.
Bivi, detenue, to the marriage were:-
(1) Muhammad Sarwar son of Muhammad Yar of Chak No, 54 South, Sargodha, and
(2) Pervaiz Ahmad son of Sardar of Sarwar Colony, Sargodha.
' One Ghulam Sarwar son of Ahmad Yar of Chak No, 54-South Sargodha is present in Court and whose affidavit has been filed states that there is no person of the name of Sardar son of Muhammad Yar in Chak No, 54-South, Sargodha, and that he has been wrongly shown in the.
Nikahnama as Muhammad Sarwar son of Muhammad Yar, though he never witnessed any marriage of the petitioner with the detenue, nor thumb-marked any Nikahnama in that respect.
The photostat copy of the Nikahnama shows that neither the detenue has signed nor thumb- marked the same, but this appears to be a blurred copy of the original Nikahnama which purports to bear the thumb-impression of the bride. Let the statement of Mst. Bibi, detenu, be recorded.
' This is a petition under section 491, Cr.P.C. By Altaf Hussain, petitioner, for securing the custody of his wife, Mst. Bivi, detenue, from the illegal custody of Allah Yar, respondent, his father-in-law.
2. Pursuant to the order of this Court dated 26-11-1384, Mst. Bivi, detenue, was recovered from the custody of Allah Yar, respondent, and produced in Court. Her statement has been recorded. From her statement it appears that she married Altaf Hussain, petitioner, about a year and one month back, that her father Allah Yar, respondent had also attended the marriage, and that after two months she had returned to her father's house in Mauza Bhallianwala, whereafter she was illegally detained by him and he and his relatives are not allowing her to return to her husband. She has expressed her desire to join her husband, Altaf Hussain petitioner. Since the petitioner is not in Court, a question was put to the detenue, as to why her husband had not appeared in Court to take her to his house, to which she replied that he was afraid of her father and other relatives, for they may murder him even in the Court precincts. She has expressed her desire to be lodged in Darul Aman, Lahore, till such time that her husband Altaf Hussain conies there and claims her.
' On behalf of Allah Yar, respondent, it is contended that the marriage is fake and that the detenue has some illicit relations with the petitioner. Many persons have been brought into Court to support such a version. The detenue herself admits her marriage with the petitioner. The original Nikahnama has been seen by me, which bears proper signatures and thumb-impressions as are required under the law. Whatever be the position, the detenue appears to be sane and mature woman. She has admitted her marriage with the petitioner and I have no reason to doubt the same. In these circumstances, it appears that the detenue is being illegally detained by her father and other relatives.
3. In view of the above, this petition is accepted and Mst. Bivi, detenu, according to her own wishes, is released from the illegal confinement of her father Ahmad Yar, respondent, and in accordance with her desire, directed to be lodged in Darul Aman, Lahore till such time that her husband, Altaf Hussain, petitioner, claims her custody. The learned counsel for the petitioner has agreed to deposit the necessary charges for the maintenance of Mst. Bivi, detenue, till she is claime, by the husband. The Bailiff is directed to lodge Mst. Bivi in Darui Aman, Lahore, and cause a copy of this order to be served on the Lady Superintendent, Darul Aman, Lahore, for necessary information and compliance.
4. The security deposited by the petitioner shall be returned to him personally on his proper identification.