MOhammad Nazeer vs Senior Superintendent of Police District Muzaffarabad, Azad Jammu and Kashmir S

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MOhammad Nazeer VS Senior Superintendent of Police District Muzaffarabad, Azad Jammu and Kashmir S. 491---Habeas corpus petition---Illegal detention---Petitioner filed a petition for the recovery of his daughter from the alleged illegal and unlawful custody of private respondent---Detenue had been produced by SHO of concerned Police Station in pursuance of a direction issued by the Court---Detenue stated that she contracted marriage with private respondent, who was also her real cousin with her free and sweet will---Detenue denied to go with her father/petitioner---Seemingly the alleged detenue was a grown up girl and FIR in the relevant police station had been chalked out and in furtherance of the same, investigation was underway---Categorical stance of the alleged detenue was that neither she was in any kind of confinement nor under any restraint; she added that she was happily living with her husband (present in the Court)---Alleged detenue and her husband decided to elope because their families did not approve their love---Registered Nikkah Nama was on record---At present, the alleged detenue was living with her alleged husband (present in the Court) who was her real cousin as well---Alleged detenue refused to live in Dar-ul-Aman or return to her father's custody---Ex-facie, a presumption of legitimacy has arisen in favour of the validity of Nikkah and in case of conflict between any codal law and the Injunctions of Islam pertaining to the validity of marriage, all other man-made laws must yield to the Injunctions of Islam---If the marriage is held valid in Shariah, it shall be held valid for all practical purposes, unless the Nikkah is successfully challenged and declared invalid by the competent Court of jurisdiction---Petition, being meritless, was dismissed, accordingly.

MOhammad Nazeer vs Senior Superintendent of Police District Muzaffarabad, Azad Jammu and Kashmir S — 2026 PCrLJ 409 HIGH-COURT-AZAD-KASHMIR

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