2007 PLP 1665 (YLR)

TARIQ SHAMIM, J.

Through this petition, the petitioner seeks recovery of Mst. Yasmin aged ten years and Mst. Zubaida Tabassum aged twenty one years the sisters of the petitioners from the custody of Mst. Parveen Kausar real maternal aunt.

2. The petitioners filed petition under section 491, Cr.P.C. before the learned District and Sessions Judge, Layyah which was dismissed on 14-6-2006 on the ground that the alleged detenues on being produced before the learned Court stated that they were living with their maternal aunt happily and safely since long and they had no intentions to live with the petitioners their real brothers, on account of their cruel behaviour. The learned Judge further observed that since no illegal confinement of the said detenues by respondents Nos.2 to 5 was established as such, they were allowed to proceed with respondent No.5 of their free-will and consent.

3. Learned counsel for the petitioners at the very outset does not press this petition to the extent of Mst. Zubaida Tabbasum who is aged twenty-one years however, contends that the custody of Mst. Yasmin Bibi aged about ten years should be handed over to the petitioners being real brothers of the minor.

4. I have heard the learned counsel for the petitioners and perused the record placed on the file as well as the order dated 14-6-2006.

5. Both the sisters are living together and Mst. Yasmin Bibi although aged about A ten years is living with the maternal aunt in the company of her elder sister who is a grown up lady and can look after the interest of her minor sister, particularly in the absence of their mother who had passed away nine years ago which is evident from the statement made by Mst. Zubaida Tabassum before the learned Sessions Judge, Layyah on 14-6-2006. Mst. Yasmin Bibi the minor is in a growing age and she would require advice and guidance in the future from a female and Mst. Zubaida being the elder sister can provide the same adequately. The alleged detenues are living happily with their maternal aunt and feel safe and secure in her company.

6. The welfare of the minor namely Mst. Yasmin Bibi at this stage requires that she should not be separated from her sister in whose company she has been living after the demise of her real mother and who, as stated above, can provide her security and guidance in the future. Mst. Zubaida Tabassum and Mst. Yasmin Bibi have categorically stated before the learned Sessions Judge, Layyah that they would not like to live in the company of their brothers on account of their cruel behaviour. Although Mst. Yasmin Bibi is aged about ten years but she is grown up enough to form an independent opinion and in her statement before the learned Sessions Judge she has conveyed her desire to continue to live with Mst. Parveen Kausar her real aunt, in the company of her elder sister and has displayed resentment towards the petitioners, her real brothers, on account of their past cruel behaviour. Since the said Mst. Zubaida Tabasum and Mst. Yasmin Bibi are living with their real aunt since long as such, at this belated stage, the insistence of the petitioners to obtain custody of Mst. Yasmin Bibi smacks of ulterior motives. It would not be in the interest of Mst. Yasmin Bibi to be separated from her real sister or be dislodged from the house of her real maternal aunt where she feels secure and comfortable.

7. For what has been discussed above, the petition being without merit is dismissed in limine. Habeas Corpus petition dismissed in limine. H.B.T./M-218/L Petition dismissed.