Through this petition under Article 199 of the Constitution the petitioner seeks recovery of Mst.
Balqees Bibi as she is illegally and unlawfully confined by the respondents Nos.2 to 10 including her parents.
2. Brief facts of the case are that petitioner was married with Mst. Balqees Bibi on 24-4-2002 and Writ Petition No.6514 of 2002 was filed by the petitioner and his were which was disposed of with the direction to the police to act in accordance with law: Petitioner claims that said Mst. Balqees wants to rejoin him but the respondent No.2 father of Mst. Balqees Bibi is not willing and has illegally detained her in the house.
3. I have heard the learned counsel for the petitioner at length. It is admitted fact that Mst. Balqees Bibi was taken away by the petitioner and the Nikah with Mst. Balqees was not solemnized by the parents and no relation of said Mst. Balqees has been cited as a witness in the said Nikah. It is a case of paramour who wants the recovery of alleged were and it is a disputed question. Whether Nikahnama is genuine one or not is a question which cannot be resolved in writ jurisdiction as these are factual controversies. Even otherwise the alleged abductee who is living with her parents cannot be said in an illegal confinement. The petitioner can seek alternate remedy available to him under the law. The Supreme Court in a case reported in Shaukat Ali's case 1972 SCM R 398 has laid down the following observation:-- "We are also inclined to agree with the views expressed by the learned Judge regarding the tendency to abuse the provisions of section 491 of the Cr.P.C. On the part of some young men in furtherance of their illicit love affairs. Courts do not function in a vacuum and must take due note of the social and moral environments prevailing in the community for which the law is to be administered. Such being the case the High Court was justified in refusing relief it came to the conclusion that the petition had been presented for the sake of furthering an illicit love affair and avoiding criminal prosecution in connection with the kidnapping/abduction of the woman in question. "
From the above citation it is crystal clear that the Courts should avoid issuance of writ in favour of paramours for the reason that if the parents are directed to produce their daughter but ultimately the allegations so levelled are not found genuine, then the parents will suffer an irreparable loss to their family honour. This petition has no merits and is dismissed in limine.