Cr.Misc.A.No.S-457 of 2015

For Katcha Peshi

11.09.2015

Mr. Zulfiqar Ali Naich Advocate along with applicant.

Mr. Abdul Rahman Kolachi, Assistant Prosecutor General.

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Mr. Ajeebullah Junejo files vakalatnama on behalf of respondents Nos. 4 and 5, while statements have been filed on behalf of respondents Nos.1 and 3, same are taken on record.

Pursuant to Court notice respondents Nos.4 and 5 have shown appearance along with Bibi Alveena, the alleged detainee. She submits that she has never contracted marriage with any one including Asghar Ali, whereas, her maternal uncle appears to have managed some Nikahnama upon which she has never put her signature out of her own freewill. She further states that she wants to stay with her parents and does not want to go with the petitioner or his son.

Learned counsel for petitioner submits that the Nikahnama was executed, however, it appears that the respondents are not willing to own such Nikahnama.

Since Bibi Alveena, the alleged detainee, has seriously disputed her marriage with son of the petitioner, therefore, the remedy under Section 491 Cr.P.C is not available to the petitioner. Parties are at liberty to seek any other remedy before the appropriate forum in accordance with law. Bibi Alveena is at liberty to go with her parents.

        Criminal miscellaneous application stands disposed of.

JUDGE

N.M.