MUHAMMAD RAFIQUE vs MUHAMMAD GHAFOOR — 1972 PLD 6

Citation: 1972 PLD 6

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-10-03

Parties: MUHAMMAD RAFIQUE vs MUHAMMAD GHAFOOR

Headnotes

Case cited as PLD 1972 Supreme Court 6

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: MUHAMMAD RAFIQUE vs MUHAMMAD GHAFOOR Case No.: Criminal Appeal No. 42 of 1970 Date of Judgment:1971-10-03 Reported As: PLD 1972 Supreme Court 6 Result: Appeal accepted JUDGMENT JUDGMENT MUHAMMAD YAQUB ALI, J.-For reasons to be given sepa--rately this appeal was allowed on 28th May 1970, and the direction given by the High Court that Mst. Surraya Begum be given into the custody of Muhammad Ghafoor, respondent, who claimed to be her husband, was set aside. We now proceed to give the reasons on which the order of the Court proceeds. The appellant filed an application under section 491, Cr. P. C., in the High Court on the allegations that his near relation Mst. Surraya Begum was abducted by Abdul Ghafoor, respondent, and he was keeping her in wrongful custody in his house in village Kahna. A Bailiff was deputed on 9-3-1970 to secure the person of Mst. Surraya Begum and produce her in Court. On her appearance in Court Mst. Surraya Begum supported the allegations made in the application and claimed that her father had forcibly obtained her thumb-impression on the Nikah Nama by which she was purported to have been given in marriage to the respondent. The parents of Surraya Begum too appeared in Court and denied the allegations and affirmed that she was lawfully married to the respondent and was living with him of her own free will. The learned Judge of the High…

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