| Case ID |
2529ec01-2c80-4d99-98ab-df0b29fc06a6 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Miscellaneous No. 19096-H of 2018 |
| Decision Date |
Apr 12, 2018 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the habeas corpus petition filed by Haider Abbas Bhindar against the District Police Officer and others. The court found that the petitioner failed to provide sufficient evidence to support claims of the forcible abduction of his wife, Naila Shahzadi, by her family. The court noted societal trends where young women elope and later seek legal recourse through petitions like the one filed, often without substantial evidence. The court emphasized that the custody of a major girl with her parents cannot be deemed illegal. The petitioner was advised to seek remedies through the Family Court instead of invoking the jurisdiction under section 491 of the Criminal Procedure Code for the alleged abduction. The decision highlights the importance of respecting familial rights and the need for credible evidence in such cases. |
| Summary |
This case revolves around a habeas corpus petition concerning the alleged abduction of Naila Shahzadi by her family after she married Haider Abbas Bhindar without parental consent. The Lahore High Court, presided by Justice Muhammad Qasim Khan, addressed the growing trend in society where young women leave home, marry without consent, and subsequently file complaints alleging harassment. The court noted that such practices undermine moral values and the institution of marriage. The court found the petitioner's claims unsupported by evidence, as no witnesses reported the alleged abduction, and the wife was confirmed to be with her parents. The court dismissed the petition, affirming the legality of parental custody over a major daughter. The ruling underscores the necessity for evidence in legal claims of abduction and the right of parents to guide their children's decisions. This case serves as a critical reminder of the intersection between personal freedoms and familial rights in legal disputes regarding marriage and custody. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD QASIM KHAN, JUSTICE
|
| Lawyers |
Syed Tanvir Ahmad Hashmi
|
| Petitioners |
HAIDER ABBAS BHINDAR
|
| Respondents |
5 OTHERS,
DISTRICT POLICE OFFICER, SHEIKHUPURA
|
| Citations |
2018 SLD 1845,
2018 MLD 1386
|
| Other Citations |
Mukhtar Ahmad v. Ghafoor Ahmad and 3 others PLD 1990 Lah. 484,
Irfan Ahmad v. SHO and 6 others 2011 PCr.LJ 597,
Muhammad Javed Sagar v. Station House Officer and 2 others 2011 PCr.LJ 674
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
491
|