1. This habeas corpus petition under section 491, Cr.P.C. Is tiled by Second Secretary, Counselor Section of the British High Commission, Diplomatic Enclave, Ramna-5, Islamabad for the production of the person of Mst. Neelum Aziz daughter of Muhammad Aziz before the Court, who is a British national and was previously resident of 123 Kings Way Luton U.K. The petition was supported by an affidavit and a letter addressed by Neelum Aziz to the Counselor Section British High Commission, Islamabad on the basis of which production order was issued by the Court on April 30, 2003 in compliance of which Neelum Aziz is produced in the Court by the S.H.O. Kotli. She made the following statement: "She is standing in the Court and making the statement without any threat, force or coercion. She states that I have been threatened to state that I am happy with my husband while I am not happy with my husband and in-laws. She states that my husband is living with me in my dad's house and I was brought to Pakistan by my dad. I came. To Pakistan on visa which has expired. I was threatened, beaten and forced by my father to marry with Saeed Saleem who is dad's sister son and mother's brother's son. When I was forced and beaten, I had no choice but to give consent to marriage. Actually I was not agreeing to marriage. Everybody in my family including Saeed knows that I am not happy with Saeed and was not willing to marry him. I had personally told Saeed that I don't like him but it did not make any difference to him. I had written a letter to British Embassy Islamabad stating all the situation (photocopy of the letter is placed on record with the petition and original letter is placed before the Court by the Advocate representing the petitioner, which is, shown to her and she admits that this letter has been written by her). She states that I had tried 4 times to go out from Pakistan and join my family in England but I was stopped, beaten and threatened to be shot if I attempt to go again, or approach to the Embassy. I have tried to come to the Court but they stopped me from coming to the Court. Today, I have been threatened to say that I am happy; but I am not happy with Saeed Saleem. They did not allow me to attend the phones of my mother and friends and I was not allowed to answer the phone calls. I have two brother and a sister in England and my dad is also in England and he sides my uncles and others who have detained me. I have been detained at the residence at Kotli against my consent and I want to go to England to join my family. In case I am sent back to my husband or uncles, they will kill me and I would never like to go back with them. I do not feel any pressure while making the statement in the Court and I am making the statement on my own will and I am bound by that.
2. Saeed burnt my ID's i,e, National Insurance number one and a half weak ago on April 20, 2003. They searched everything and took my ornaments and other belongings which are with them i,e, my husband and others. I have black big bag in the Hotel in the room I was kept in for the night at Muzaffarabad. I have a vanity-case that is in the office. It is my last resort, please help me to get rid of these people. On a question by Saeed Saleem as to whether she wants to go to England, she stated, "Yes she wants to go to England to get rid of them." On another question by Saeed, she stated that I do not like him whether he likes me or not. She also stated that "I had told it to him before marriage." When Saeed was asked as to whether she had told him that she does not like him and does not want to marry him, he admitted that she had told this to him. He stated that her dad got her married to him. On another question by the Court, Saeed stated that he has no objection if she is sent back to her family to England. He also stated that she has some luggage and further belongings at Hotel and at the home at Kotli. Before recording her statement, Neelum Aziz was given sufficient time to sit along and with a lady Advocate to be sure that she is free to make a statement of her free will. After being satisfied that she is free of influence of everybody, the Court recorded her above statement in the open Court.
3. Her statement is self-speaking that she has been forcibly married to Saeed Saleem and this fact was even told to Saeed Saleem by her that she does not like him nor wants to marry him. Perusal of the statement is clear enough to believe that she has been illegally and improperly detained though on the pretext of marriage with Saeed, which according to the statement of Neelum Aziz was forced and coerced marriage (Nikah) against her free will and wish. She is sui juris, competent to understand, convey and express her feelings. She is a British National having British Passport No,060140028 with a Pakistani Visa No,33963 valid up to 27-12-2002. She admits the letter written to Counselor Section of the British Embassy Islamabad stating entire position to them and seeking their help. Her statement before the Court, contents of the letter addressed to the British High Commission and contents of the petition filed by the petitioner and even the statement of her husband, when so asked by the Court, are clear enough to believe that Mst. Neelum. Aziz who is niajor, is married against her consent and will and is forced to live with Saeed Saleem. The documents placed on record as well as the statement of detenue reveal that Neelum Aziz is illegally and improperly detained by respondent Saeed and his other family members. Irrespective of the fact that Neelum Aziz is alleged as married to Saeed Saleem, the fact of the matter appears that she is forced to marry and is living with him against her free will and is forced to live without her choice. This on the face of it is improper and illegal detention of a person who is major and entitled under law to reside and live at any place of his/her choice.
4. The marriage of a girl alone does not make her living or residing with her alleged husband legal or proper, if it is forced and she is compelled to live. The marriage is a civil contract between the spouses solemnized according to the social and religious rites of the parties with their free and independent consent. Union has to remain free of coercion and duress throughout, not only at the time of marriage. This is Islam as well as common law/principle. If one is forced to marriage or does not feel convenient to live with spouse at the place where the husband wants but wife feels insecure and threatened to live, it amounts to illegal custody and detention, irrespective of validity or otherwise of the marriage. In the circumstances of the case, Neelum Aziz is set at liberty, and in view of her statement, she wants to go to join her family in England and holds a British Passport, she is allowed. S.S.P.
5. Muzaffarabad is directed to arrange due security and protection to Neelum Aziz to safely escort her to British High Commission in Islamabad. Albert David, the representative of the British High Commission and Raja Shafqat Khan Abbasi Advocate for the petitioner are also directed to lead the Police Officers escorting Neelum Aziz to the British High Commission and ensure air ticket and other necessary arrangements for her safe journey to England to join her parents there. The Court shall be informed by the High Commission about the safe arrival of Mst. Neelum Aziz at her residence in England. Order announced.