Under section 491, Cr. P. C., if a sui juris detenu is unwilling to go with her husband or guardian, the Court cannot compel her to go with them

The August Supreme Court of Pakistan has held in the case ofMst. Sahi Bi v. Khalid Hussain and 6 others (1973 SCMR 577) as under

 "Under section 491, Cr. P. C., if a sui juris detenu is unwilling to go with her husband or guardian, the Court cannot compel her to go with them. She must be set at liberty and allowed to move freely. This position was made clear in the above- mentioned case decided by this Court and the learned Single Judge should have set at liberty the detenu and allowed her to move freely according to her wishes. It is, however, open to respondent No. 1 to file a suit for restitution of conjugal rights against the detenu for the redress of his grievance. So far as the proceedings under section 491, Cr. P. C. are concerned, the only course open to the High Court in the face of the unwillingness of the detenu to go with her husband was to set her at liberty.”

 Part of Judgment 

IN THE LAHORE HIGH COURT RAWALPINDI BENCH, RAWALPINDI.

Writ Petition-Criminal proceedings-Detention/habeas
1421-20

2020 LHC 1825