2002 PLP 733 (YLR)

Writ Petition No. 16011 of 2001, decided on 10th January, 2002. ‑‑‑‑Art. 199‑‑‑Constitutional petition‑‑ Custody of minor girl‑‑‑Minor was a girl of 16 years of age and she did not intend to join her father, rather she was staying in Darul Aman apparently at the behest of someone who was not entitled to have her custody‑‑ Petitioner being the father and natural guardian of the girl had the right of her custody under the law up to the age of 18 years and the same could not be denied to him‑‑‑If, however, the minor girl was refusing to join her father, then she could be forcibly handed over to him‑‑‑Police official present in the Court was consequently directed to arrest the said girl and hand over to her father‑--Constitutional petition was disposed of accordingly. Pervaiz Aslam Chaudhry for Petitioner. Muhammad Aun with Alishiba (Ghulam Fatima) alleged detenue in person. M. Bilal Khan, Addl. A.‑G. This matter is pending for quite sometime before this Court and the alleged detenue, namely Mst. Alishiba (Ghulam Fatima) has been produced thrice in Court. She was sent back to Dar‑ul‑Aman, Gujranwala with an understanding that a better sense will be prevailed on her but she still insists to remain in Dar‑ul‑Aman. As detailed order was passed on 20‑9‑2001 wherein she was lodged in Dar‑ul‑Aman in order to afford her an opportunity to think over the matter and thereafter to decide whether she wants to accompany her father who assures her that he will not coerce her to change her faith. Today, she has appeared in Court. She has given her age as 16 years. She appears to be so. She does not intend to join her father but under the law, the father has the right of custody of her minor children upto the age of 18 years. He being the natural guardian, the same cannot be denied. If the minor refuses to join her father, then she can be forcibly handed over to the petitioner. It is not difficult to perceive from the circumstances that she is staying in Dar‑ul- Aman at the behest of someone who is not entitled to have her custody. The S.H.O., Police Staiton Garjakh, District Gujranwala, is present in Court. As the alleged detenue is not wiling to join her, therefore, she will be arrested handed over to her father. In case of resistance, necessary force from the ladies police shall be obtained in this behalf. The learned Additional Advocate General will ensure that she is taken into custody and is handed over to her father. Disposed of. N.H.Q./I‑94/L Petition accepted.