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Age for court marriage in Lahore Pakistan:

Advocate Nazia from Lahore says that the opinion of a doctor in dispute of court marriage in Lahore Pakistan cannot be given preference over authentic material such as a birth entry in registration application submitted in District Registration Office. Supreme Court in circumstances of the case not interfering with the order of High Court handing over custody of detenue to father instead of husband-petitioner who, after abducting detenue, had married her (NLR 1979 Criminal 998). Habeas corpus application by father against his son in law alleging illegal detention of his daughter was submitted. The statement of detenue who was 21 years old showed that she was being subjected to maltreatment by her husband after Court marriage in Lahore Pakistan

Detenue requested to go with her father:

High Court set detenue at liberty to go anywhere on her own free will. Detenue wife cannot be compelled to live with her husband even where he has obtained a decree for restitution of conjugal rights. Petition by father alleging illegal detention of daughter by his son in law was entertained. On production detenue stating that her husband with whom she did court marriage in Lahore Pakistan 9/10 years ago had born four children and kept her at his house forcibly and did not allow her to see her parents. Because of detenu's statement High Court setting her at liberty and allowing her to go wither father (NLR 1984 Criminal Lah. 232). Habeas corpus petition by father alleging illegal detention of his daughter who married respondent before registration of Hudood case against respondent was upheld. Statement by father questioned entry in birth register showing detenue to be minor. Override detenu's statement, report of Radiologist and report of Lady Doctor that detenu is major for determining in habeas corpus proceedings question whether detenue was adult at the time of court marriage in Lahore Pakistan.

The view expressed About detenue by the High Court:

The view expressed by the High Court that detenue was minor and father was entitled to her custody in habeas corpus proceedings would be purely tentative as to the age of detenue.The question of whether detenue was adult at the time of alleged marriage with the respondent before registration of Hudood case is essentially one of fact which cannot be embarked upon in habeas corpus proceedings. Father (petitioner) and husband (respondent) of detenue would be at liberty to establish their respective contention at the trial of Hudood case. Here the question about the age of court marriage in Pakistan? As per the Law of Court Marriage in Pakistan, the marriage age of girl is 18. Habeas corpus application by husband against illegal confinement of his wife by her father was heard. In compliance with process issued by High Court, bailiff with police force reaching residence of father/respondent and finding detenue in Courtyard of the house with her legal chained with an iron chain to the leg of a cot. Respondent contending before High Court that detenue was a minor, she was abducted by petitioner and respondent went to the police station to register a case but police did not register a case and had detenue returned through panchayat. Respondent denied that he had chained his daughter at all to any cost as alleged by a court bailiff. Court not feeling impressed by the petitioner had passed puberty age accepting habeas corpus application directing detenue's release.

See Our you tube Video For More More Details About Court marriage in Pakistan

https://youtu.be/BtTTmWk549k

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Court marriage in Lahore Pakistan Challenged:

Advocate Nazia from Lahore Pakistan reported a case saying that where Z was produced in Court on the application of M that she was his wife after court marriage in Lahore Pakistan and was being detained by F. She supported the allegiant in the petition under this section. The respondent, however, produced a marriage certificate of Court marriage in Lahore Pakistan bearing the seal of the Nikah Registrar and this showed that the woman was married to him, whereas the applicant could not produce any proof of her marriage to him. Her father also appeared before the High Court and supported the case of the respondent. As there was no allegation of maltreatment against the said respondent, the High Court took the view that the respondent, being the husband of the detenue after court marriage in Lahore Pakistan was entitled to her custody (1968 SCMR 1093). Where the father of the alleged detenue applied for her recovery and the respondent claimed to be her husband after the court marriage in Lahore Pakistan detenue however, expressed her wish to live with her father. It was held that the she was adult and she wants to live with her father. She is set liberty. She is permitted to live wherever she may please.

Suit For Restitution of Conjugal Rights:

If the respondent feels aggrieved, he may file a suit for restitution of conjugal rights. He may seek redress from a family Court (1972 P.Cr. LJ 640). Where a Hindu minor girl did court marriage in Lahore Pakistan with a Muslim and a case was registered against the husband under Sections 363, case 360, PPC and the girl was detained in prison pending trial. It was held that the detention of the girl was illegal as she was a minor and she could not be released and thrown on the street, therefore she was ordered to be handed over to her mother (PLD 1965 Dacca 553). Where the parents of the alleged detenu stated in Court that she did Court marriage in Lahore Pakistan with the respondent with whom she was living but the applicant, the brother-in-law of the detenu alleged that she had been forcibly lifted and later detained by the respondent. It was held that the statement of the parents of the detenue must be believed and her custody with the respondent was not illegal detention.[PLD 1971 Lah. 343]. Where an application under this section was filed by the paramour of a married woman and it appeared that she would prefer to go with him than wither husband if she was given a free choice.

Fundamental Rights of Personal Liberty:

It was held that if in the exercise of her fundamental right of personal liberty she were allowed to make a choice, it was certain that she would go with the petitioner, her paramour, and the two having collusively maneuvered to file the petition invoking the discretionary jurisdiction of High Court under this section. Under Islamic Law the respondent being the husband of the woman after court marriage in Lahore Pakistan, is entitled to her custody as her legal guardian. The Court ordered her to go wither husband and did not set her at liberty to go where she liked (PLD 1971 Lahr. 1281). Where a Muslim girl above the age of fifteen contracted a marriage of her own free will but she was detained by her father and her husband applied under this section. It was held that as the girl had clearly stated that she did not want to go back to her father, it must follow that she was being detained by him against her will. The detention was consequently illegal. She was set at liberty to go where she liked (PLD 1962 Kar. 44).

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