1977 PLP 343 (SCMR)
Mst. SHAHZAD BIBI‑Appellant Versus THE STATE‑Respondent
| Citation | 1977 PLP 343 (SCMR) |
| Forum / Court | ‑‑ S. 491‑Habeas corpus‑Stranger filing petition under S. 491 alleg ing unlawful detention of a woman and her minor children by her step‑brothers and others, such persons wishing to grab property inherited by detenus only recently‑Woman testifying to her unlawful detention and wishing to go with petitioner‑Woman being sui juris and a widow, ordered by High Court to accompany such person but ordering minor children to be lodged in Darul Aman at their mother's expense pending order of Guardian Judge as to custody of minors‑Contention that mother being natural guardian of minors, entitled to their custody, held, not sound in circumstances of case Woman allegedly on illicit terms with petitioner and willing to give her daughter, 11/12 years old to petitioner, allegations required investigation‑Proper course for appellant : to move Guardian Judge for custody of minors, such Judge having to decide whether minors to be given in custody of mother in their own interests.‑Habeas corpus‑‑ Custody of minor. |
| Bench Members | N/A |
| Parties | Mst. SHAHZAD BIBI‑Appellant Versus THE STATE‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑ |
Q1: What are the key laws and sections cited in 1977 PLP 343 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1977 PLP 343 (SCMR)?
The case was heard and decided by the ‑‑ S. 491‑Habeas corpus‑Stranger filing petition under S. 491 alleg ing unlawful detention of a woman and her minor children by her step‑brothers and others, such persons wishing to grab property inherited by detenus only recently‑Woman testifying to her unlawful detention and wishing to go with petitioner‑Woman being sui juris and a widow, ordered by High Court to accompany such person but ordering minor children to be lodged in Darul Aman at their mother's expense pending order of Guardian Judge as to custody of minors‑Contention that mother being natural guardian of minors, entitled to their custody, held, not sound in circumstances of case Woman allegedly on illicit terms with petitioner and willing to give her daughter, 11/12 years old to petitioner, allegations required investigation‑Proper course for appellant : to move Guardian Judge for custody of minors, such Judge having to decide whether minors to be given in custody of mother in their own interests.‑Habeas corpus‑‑ Custody of minor. bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1977 PLP 343 (SCMR) (Mst. SHAHZAD BIBI‑Appellant Versus THE STATE‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ‑‑ S. 491‑Habeas corpus‑Stranger filing petition under S. 491 alleg ing unlawful detention of a woman and her minor children by her step‑brothers and others, such persons wishing to grab property inherited by detenus only recently‑Woman testifying to her unlawful detention and wishing to go with petitioner‑Woman being sui juris and a widow, ordered by High Court to accompany such person but ordering minor children to be lodged in Darul Aman at their mother's expense pending order of Guardian Judge as to custody of minors‑Contention that mother being natural guardian of minors, entitled to their custody, held, not sound in circumstances of case Woman allegedly on illicit terms with petitioner and willing to give her daughter, 11/12 years old to petitioner, allegations required investigation‑Proper course for appellant : to move Guardian Judge for custody of minors, such Judge having to decide whether minors to be given in custody of mother in their own interests.‑[Habeas corpus‑‑ Custody of minor].
- Dr, Kaaltd Ranjha, Advocate Supreme Court (Lahore) assisted by Rana Maqbool Ahmad Qadri, Advocate‑on‑Record (Rawalpindi) for Petitioner.
- Date of hearing : 15th June 1977.
Headnotes / Summary
(On appeal from the Lahore High Court's Order dated 23‑10‑1975, passed in Criminal Miscellaneous No. 896/11 of 1976). _
Judgment & Decree
Dr, Kaaltd Ranjha, Advocate Supreme Court (Lahore) assisted by Rana Maqbool Ahmad Qadri, Advocate‑on‑Record (Rawalpindi) for Petitioner. Date of hearing : 15th June 1977. WAHEEDUDDIN AHMAD, J.‑‑Leave was granted in this case on 10‑11‑75 to consider the question whether the High Court having regard to the scope of proceedings under section 491, Cr. P. C. was competent to deprive Mst. Shahzad Bibi the appellant of the custody of her minor children who was, in the absence of any guardian appointed by the Court, their natural guardian. Briefly the facts leading to the present appeal are that one Muhammad Bakhsh deceased was owner of considerable landed property‑. Mst. Shalizad Bibi and Mst. Sat Bhari were his two wives. He died and was survived by Mst. Shahzad Bibi, his wife, two daughters Mst. Nusrat Bibi aged 11/12 years (minor), Mst. Riaz Bibi aged 7/8 years (minor) and one son Ghulam Babu aged 5/6 years (minor) from her. He had also another wife namely Mst. Sat Bhari. She had a daughter from the deceased. It appears that there was dispute between Mst. Shahzad Bibl and Mst. Sat Bhari and their relations were not good. One Mohammad Afzal, who is a stranger to the family, alleged that Mst. Shahzad Bibi and her minor children were kept in unlawful custody by her step‑brothers, and certain other person who ultimately wanted to grab the property, which they had inherited from their father Muhammad Bakhsh. On these allegations Muhammad Afzal moved an application under section 491, Cr. P. C. in the High Court of Lahore. The Court directed the production of Mst. Shahzad Bibi and also the production of the children. Pursuant to the writ issued by the High Court Mst. Shahzad Bibi was produced. She told the High Court that she was kept in detention by her step‑brothers and others unlawfully and that she would like to go with Mohammad Afzal. Since she was sui juris and a widow, a learned Single Judge of the Lahore High Court allowed her to accompany Mohammad Afzal as desired by her. So far as the minor children were concerned, the learned Judge directed that pending any Order of the Guardian Judge as to the custody of the three minors, they shall be lodged in Darul Aman at the expense of Mst. Shahzad Bibi, and she was directed to pay Rs. 300 p.m. for this purpose. Mst. Shahzad Bibi aggrieved by this Order, filed a petition for Special Leave to Appeal to this Court, and it was in these circumstances that leave was granted to the appellant. Dr. Khalid Ranjha the learned counsel for the appellant has contended that the appellant is the natural guardian of the minors and was entitled to the custody of the minors on the facts of this case. The contention of the learned counsel has not impressed us. Allegation against Msc. Shahzad Bibi is that she is on illicit terms with Mohammad Afzal, and she wanted to give Mst. Nusrat Bibi aged 11/12 years in marriage to him. In these circumstances, this allegation requires investigation, and the proper course would be that the appellant should move the Guardian Judge for the custody of the minor children and the Guardianship Court should consider the allegation made against Mst. Shahzad Bibi, and decide whether it is in the interest of the minors that they should be given in her custody. In view of this we are of the opinion that the learned Judge at this stage was perfectly justified in directing the parties to approach the Guardianship Court for the adjudication of the dispute of custody of the minors. Subject to the above remarks, the appeal is dismissed with no order as to costs. Appeal dismissed.