' In compliance with this Court's order, dated 6-6-2000 a bailiff of this Court has recovered Mst.
Azra Bibi detenue and has produced her before this Court today. The detente has stated her age to be about 19 years and she has categorically acknowledged Syed Matloob Hussain Shah, the present petitioner, to be her legally wedded husband with whom she had willingly contracted marriage on 20-6-1999. She has further stated that she is being wrongfully confined by respondents Nos.2 to 7 and that she wishes to rejoin her husband, i,e,, the present petitioner so as to resume her conjugal relations with him.
2. The learned counsel for the respondents has pointed out that F.I.R., No,291 stands registered at Police Station Muzaffarabad, District Multan on 1-10-1999 for offences under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with section 468/471/ 109, P.P.C., in respect of an alleged abduction of Mst. Azra Bibi detenue and also in respect of an alleged forgery of a Nikah Nama of the present petitioner with the said detenue. He has maintained that as a matter of fact the detenue had never contracted marriage with the present petitioner and in fact she was a legally wedded wife of Abu Zar, respondent No,3 herein, with whom she had contracted marriage on 18-2-2000. The learned counsel for the respondents has also pointed out that the present petitioner has already filed a suit for restitution of conjugal rights against the present detenue which is still pending before a learned Family Court at Multan. He has, thus, maintained that it shall be inappropriate for this Court to interfere in the matter of custody of the detenue at such a stage of the matter, especially when the matter is sub juice before a criminal as well as a Family Court.
3. I have given the matter a deep consideration. Mst. Azra Bibi detenue has made a very categorical and confident statement before this Court. She has vociferously maintained that she has been made a shuttlecock by the members of her family who had never accepted the factum of her marriage with the present petitioner and, therefore, false and frivolous allegations regarding her abduction and forgery of Nikah Nama had been leveled against the detenue's husband and the detenue herself She has made an appeal to this Court to save her from this misery and to allow her to lead a normal married life. With the husband of her choice, i,e, the present petitioner. It is true that a criminal case regarding her alleged abduction as well as a family case regarding restitution of conjugal rights are pending before the relevant Courts but at the same time how can this Court forget that the primary object of a petition filed in the nature of habeas corpus is to secure the liberty of a citizen who is found to be under an unjustifiable restraint. After hearing the parties as well as. Their learned counsel I have no manner of doubt that Mst. Azra Bibi detenue is being wrongfully confined by the respondents against he wishes and in total disregard of her Constitutional and legal rights. It is a Constitutional responsibility of the State envisaged by Article 35 of the Constitution that the State shall protect the marriage, the family, the mother and the child. It has been held by the Humble Supreme Court of Pakistan in the case of Mst. Fazal Jan v.
Roshan Din and 2 others (PLD 1990 SC 661) that the word "State" used in Article 7 of the Constitution with reference to the Fundamental Rights guaranteed by the Constitution includes the Judiciary. In this view of the matter I would be failing in my Constitutional responsibility by not coming to the rescue of such a citizen in need if this petition is turned down merely on the ground of pendency of the matter before a criminal or a Family Court.
4. For what has been discussed above Mst. Azra Bibi detenue is hereby set at liberty. She may go and re-join the present petitioner as desired by her. Before parting with this order it may, however, be observed that nothing said or done in the present proceedings shall prejudice the learned Criminal Court or the learned Family Court seized of the above mentioned matters and it is expected that the said matters shall be decided by the said Courts strictly on their own merits.