2025 PLP 1829 (YLR)
Tariq Mehmood — Petitioner Versus Inspector General of Police, Punjab Lahore and 4 others — Respondents
| Citation | 2025 PLP 1829 (YLR) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Tariq Mehmood — Petitioner Versus Inspector General of Police, Punjab Lahore and 4 others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2025 PLP 1829 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2025 PLP 1829 (YLR)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2025 PLP 1829 (YLR) (Tariq Mehmood — Petitioner Versus Inspector General of Police, Punjab Lahore and 4 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Hafiz Muhammad Zaheer Nasir, Assistant Advocate General, Punjab along with Sheraz-Inspector and Shahid ASI for the State.
- 4. Learned counsel for petitioner raised the objection that detenue was a minor. She was just 16, as such she was not competent to form free and independent opinion, hence her consent of living with respondent No.5 should not be given any weight.
Headnotes / Summary
S. 491
Constitution of Pakistan, Art. 199
Constitutional petition
Petitioner filed a petition for the recovery of his daughter from the alleged illegal and unlawful custody of private respondent
Held: 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 out of her sweet will, free consent and without any duress and she was living with her husband and she was not abducted by any person, nor she was kept in illegal confinement by anybody
Detenue refused to accompany her father/ petitioner expressing apprehension to her life as well as life of her husband at his hands
Detenue appeared to have attained a person of the age of discretion and was found to have attained puberty, as such she was competent to enter into marriage with any person of her own choice and no consent of any wali or guardian was required for that purpose
Detenue further stated that her father/petitioner had registered FIR for offence under S.365, P.P.C, against unknown persons, wherein she got recorded her statement under S.164, Cr.P.C before the Judicial Magistrate, categorically refuting the story of her abduction
Since detenue happened to be a grownup female and free citizen of this country, hence she could not be forced to reside along with her father/petitioner against her wishes
Petition was dismissed, in circumstances.
Judgment & Decree
Tanveer Ahmad Sheikh, J.
The petitioner has invoked the jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 read with Section 491 Cr.P.C in order to recover his daughter Noor Fatima (minor) from the alleged illegal and unlawful custody of respondent No.5 Amir Ali.
2. It was maintained that on 26.01.2025, her daughter/detenue aged about 16, was abducted away by four male and two female unknown culprits in the presence of his son Hanan Ahmad.
3. Detenue has been produced today by respondent No.4/SHO PS City, Pindi Bhattian in pursuance of a direction issued by this Court. On query she stated that she contracted marriage with respondent No.5/Amir Ali out of her sweet will free consent and without any duress and she was living happy matrimonial life with her husband and she was not abducted by any person, nor she was kept in illegal confinement by anybody. She refused to accompany her father/petitioner expressing apprehension to her life as well as life of her husband at his hands.
4. Learned counsel for petitioner raised the objection that detenue was a minor. She was just 16, as such she was not competent to form free and independent opinion, hence her consent of living with respondent No.5 should not be given any weight.
5. Petitioner was thoroughly examined by me in the open Court. She appears to be a person of the age of discretion. She was found to be puberty, as such in my humble opinion, she was competent to enter into marriage with any person of her own choice and no consent of any 'Wali' or guardian was required for that purpose. The Hon'ble Federal Shariat Court adopted the said view in a detailed judgment 'Muhammad Iqbal v. The State' (PLD 1983 FSC 9). The Honourable Court further held Nikah of a pubert girl was not invalid for the want of permission of 'Wali'. If any further reference in this regard is required, that can be have from 'Zarjuma alias Jamna Bibi v. Station House Officer, Police Station Saddar District Bhakkar and 4 others' (PLD 2009 Lah. 546). I have further placed my relieance upon "Muhammad Khalid v. Magistrate and 2 others' (PLD 2021 Lahore 21). Detenue further stated that her father/petitioner had got registered FIR No.353/2025, dated 28.01.2025, for offence under Section 365 P.P.C, registered with Police Station A-Division, District Sheikhupura against unknown persons, wherein she got recorded her statement under section 164 Cr.P.C. before the learned Judicial Magistrate Section 30, Lahore categorically refuting the story of her abduction.
6. Since detenue happens to be a grownup female and free citizen of this Country, hence, cannot be forced to reside along with her father/petitioner against her wishes.
7. Detenue is set at liberty. She is allowed to go along with her husband.
8. In the light of above discussion, the present petition has no force.
9. Security amount of Rs.30,000/- deposited by petitioner on the direction of this Court is ordered to be returned to him by office.
10. Petition dismissed. JK/T-4/L Petition dismissed.