MUHAMMAD ARIF J,- Learned counsel would like to further document this petition and place on the i.e certified copies of the plaint said to have been filed by the alleged detenue, namely, Mrs. Nusrat Bano against the petitioner and copy of the written statement in the said suit. He may do so within a week.
To be relisted alter the needful has been done. Haji Chaudhry Muhammad Afzal Taj, Advocate.
The petitioner, Mohammad Asghar, has filed this Constitutional petition in the nature of habeas corpus praying for the recovery of his wife, namely, Mst. Nusrat Bano from the alleged illegal and improper custody of her father and paternal uncles, respondents No. 1 to 3, in their village Sokanvind, police station Qilla Kallarwala Tehsil Pasrur, District Sialkot and for setting her at liberty.
According to the petitioner, the alleged detenue is being illegally and improperly detained by the aforesaid respondents with purpose of giving her had in marriage 'for the lust money or to compel her to get divorce from the petitioner.
2. Pursuant to direction dated 10.3.1990, certified copies of the plaint in the suit for dissolution of marriage and the written statement as also copies of the issues and depositions of parlies' witnesses including those of the alleged detenue and the petitioner have been placed on the i.e. It appears that the suit was filed by the alleged detenue on 2.4.1989 and that parties' evidence was completed before Judge Family court, Pasrur on 20.2.1990.
3. It has been contended that the alleged detenue has neither filed the suit of her own volition nor even thumb marked the plaint and that it is in the safety of the detenue that she is recovered from the custody of respondents and set at liberty. According to the learned counsel, further proceedings in the suit have been stayed on petitioner's move for transfer of the case from the learned Judge Family court, Pasrur to some other court of competent jurisdiction.
4. I have considered the submission made by the learned counsel and gone through the material placed on the record. I am of the view that this petition lacks bona fidcs. It is not denied that the alleged detenue filed the suit for dissolution of marriage against the petitioner on 2.4.1989 describing herself to be the resident of village Sokanvind, tehsil Pasrur and that her parents are living in the said village. She appeared as her own witness on 9.1.1990 and denied the suggestion put to her in cross-examination that her parents dislike her living with the petitioner and further stated that she herself does not want to live with the petitioner. Even the suggestion that her parents want to give her had in marriage to someone else and make money in the deal was also denied by her on the said date. I find that the petitioner did not deny the factum of the alleged detenue having thumb marked the plaint herself when the written statement was filed by him in the court of the learned Judge, Family court. Learned counsel has frankly admitted that neither such suggestion was put to the alleged detenue in her cross- exam)nation on 9.1.1990 nor even, the petitioner himself stated so on 20.2.1990 when he appeared as his own witness. This petition was filed on 7.3.1990 and the custody of the detenue has not been shown to have become illegal or improper during the interregnum.
2. For all that has been said above, this petition is dismissed in limine.