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.
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