Mst. BAKHSHI vs BASHIR AHMAD AND ANOTHER — 1970 PLD 323

Citation: 1970 PLD 323

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-05-14

Parties: Mst. BAKHSHI vs BASHIR AHMAD AND ANOTHER

Headnotes

Case cited as PLD 1970 Supreme Court 323

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Mujibur Rahman Khan Title: Mst. BAKHSHI vs BASHIR AHMAD AND ANOTHER Case No.: Criminal Appeal No. 13 of 1970 Criminal Miscellaneous No. 7121/H of 1969 Date of Judgment:1970-05-14 Reported As: PLD 1970 Supreme Court 323 Result: Appeal dismissed JUDGMENT JUDGMENT M. R. KHAN, J.-This appeal by special leave, at the instance of Mst. Bakhshi, is directed against the order of a learned Single Judge of the High Court of West Pakistan, Lahore, whereby he granted an application for habeas corpus under section 491 of the Code of Criminal Procedure and set the appellant's daughter Mst. Shamim alias Nasreen, the detenu at liberty. The facts giving rise to the filing of the application for habeas corpus were as follows :- Mst. Shamim alias Nasreen is the daughter of the appellant Mst. Bakhshi by her first husband Muhammad Shafi. She was born at Lahore on the 22nd July 1954. There is no dispute about the date of her birth. Shortly after the birth of Mst. Shamim, her father Muhammad Shafi died. Mst. Bakhshi then re-married one Ibrahim, a stranger. After Mst. Shamim came of age, she married Bashir Ahmad, the first respondent on the 17th September 1969. Their marriage was duly, registered under the Muslim Family Laws Ordinance in union Council No. 170, District A copy of the registered Nikahnama was produced in this case as annexure A. Having married Bashir. Mst. Shamim went to his outlive with him as his wife, Meanwhile…

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