1981 PLP 301 (SCMR)
Mst. AISHA BIBI-Petitioner Versus NAZIR AND 2 OTHERS — Respondents
| Citation | 1981 PLP 301 (SCMR) |
| Forum / Court | -----Art. 199(b) (t)-Criminal Procedure Code (V of 1898), S. 491- Guardians and Wards Act (VIII of 1890), S. 25-Custody-Dispute between parties essentially regarding custody of a girl and no question of forcible detention arising -- Petitioner maternal grandmother of girl and respondent girl's paternal uncle-Matter, held, essentially one for Guardian Judge to decide and no justification made out for issuing a direction in nature of writ of habeas corpus.-Habeas corpus-Custody of minor. |
| Bench Members | N/A |
| Parties | Mst. AISHA BIBI-Petitioner Versus NAZIR AND 2 OTHERS — Respondents |
| Primary Law | Constitution of Pakistan (1973), -----Art. 199(b) (t)-Criminal Procedure Code (V of 1898), S. 491- Guardians and Wards Act (VIII of 1890), S. 25-Custody-Dispute between parties essentially regarding custody of a girl and no question of forcible detention arising -- Petitioner maternal grandmother of girl and respondent girl's paternal uncle-Matter, held, essentially one for Guardian Judge to decide and no justification made out for issuing a direction in nature of writ of habeas corpus.-[Habeas corpus-Custody of minor]. |
Q1: What are the key laws and sections cited in 1981 PLP 301 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973), -----Art. 199(b) (t)-Criminal Procedure Code (V of 1898), S. 491- Guardians and Wards Act (VIII of 1890), S. 25-Custody-Dispute between parties essentially regarding custody of a girl and no question of forcible detention arising -- Petitioner maternal grandmother of girl and respondent girl's paternal uncle-Matter, held, essentially one for Guardian Judge to decide and no justification made out for issuing a direction in nature of writ of habeas corpus.-[Habeas corpus-Custody of minor]. as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 301 (SCMR)?
The case was heard and decided by the -----Art. 199(b) (t)-Criminal Procedure Code (V of 1898), S. 491- Guardians and Wards Act (VIII of 1890), S. 25-Custody-Dispute between parties essentially regarding custody of a girl and no question of forcible detention arising -- Petitioner maternal grandmother of girl and respondent girl's paternal uncle-Matter, held, essentially one for Guardian Judge to decide and no justification made out for issuing a direction in nature of writ of habeas corpus.-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: 1981 PLP 301 (SCMR) (Mst. AISHA BIBI-Petitioner Versus NAZIR AND 2 OTHERS — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Dr. Khalid Ranjha, Advocate assisted by S. Wajid Hussain, Advocate-on -Record for Petitioner.
- Nemo for Respondents.
- Date of hearing : 29th October, 1980.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court dated 20-9-1980 in Cr. M. No. 738/H of 1980).
Judgment & Decree
ANWARUL HAQ, C.- J. The dispute in this case concerns the custody of a young girl, named Zahida Perveen, aged about 18 years. Both her parents are dead, and she had been living with the petitioner, who is her maternal grandmother. She had gone to the house of her paternal uncle, respondent Muhammad Ramzan to attend the funeral of her father, but did not return to the house of the petitioner. The petitioner thereupon commenced habeas corpus proceedings against the respondents, but the same were dismissed by a learned Judge of the High Court on 5-3-1980 on the basis of the statement made by the girl that she would like to live with her paternal uncle, who was also her guardian under the Muslim law. The petitioner was apparently not satisfied with this order, and instituted a second habeas corpus petition on the allegation that Mst. Zahida Parven had been coerced on the earlier occasion to make a statement in favour of the respondents. After considering the matter afresh, and recording statement of Mst. Zahida Parven, the High Court has once again refused to interfere, and has directed, by its order dated the 20th of September, 1980, that the petitioner may, if so advised, move the Guardian Court for being appointed as the legal guardian of the minor. The petitioner seeks leave to appeal. From the facts narrated above, it is clear that the dispute between the parties is essentially regarding the, custody of the girl, and no question of any forcible detention arises. The petitioner is the maternal grandmother of Mst. Zahida Parveen, whereas respondent Muhammad Ramzan is he A paternal uncle. The learned Judge in the High Court appears to us to right in thinking that this was essentially a matter for the Guardian Judge to resolve, and no justification was made out for issuing a direction in the nature of a writ of habeas corpus. Accordingly, the petition fails and is hereby dismissed. Petition dismissed.