PLD 2021 Lahore 77
Criminal Procedure Code (V of 1898)--- ----S. 491---Habeas corpus---Dar-ul-Aman, placing a woman in--- Nikkahnama, validity of---Dispute was with regard to marriage of detenue---It was alleged that husband of detenue was in fact a female--- Validity--When a woman makes a prayer for security to her life, she can be lodged at 'Dar-ul-Aman' but still that woman has right to make a prayer at any stage to the Superintendent of ' Dar-ul-Aman' or to competent Court on whose order she is sent to 'Dar-ul-Aman' to release her and restore her right of liberty---Such woman, in circumstances, cannot be further kept in 'Dar- ul-Aman' under the law of land--- Detenue was a sui juris and she could not be detained by any person against her wishes---No law existed that a female on mere ground of her sex must invariably be treated as a person under some sort of disability--Detenue was sui juris and was set at liberty and permitted to live her life as she was pleased within the dictates of law and faith- Marriage and gender of husband of detenue could not be resolved in such proceedings---Petitioner could agitate the same before proper forum either before Family Court or if there was any criminal case registered according to version of petitioner, then in criminal Court proceedings--Constitutional petition was disposed of accordingly.
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