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).