2012 PLP 655 (MLD)

MAZHAR IQBAL SIDHU, J.

Mst. Safia being maternal grand mother has come against the order dated 8-12-2011 passed by the learned Addl: Sessions Judge, Lahore as to the custody of Tauseef Haider the minor, her maternal grand son inter alia on the grounds that she has preferential right for his custody as compared to respondents Nos.1, 2 and 3, minor sister and brother of the detenu are already living with her and respondent No.1 Muhammad Mukhtar alias Mukhtar Ahmad has no relation with the detenu, circumstances prima facie exist that if the detenu remains with respondent No.1 then he may suffer an irreparable loss up to his death whereas welfare of the minor is regarded the supreme duty and order passed by the learned lower court is not sustainable in the eye of law, therefore, by accepting the instant petition and recalling the impugned order custody of the detenu minor may be restored to the petitioner. In responding to the order of this Court minor detenu has been brought in the Court, he was directed to sit in the company of his sublings who were present with the petitioner then in the presence of the parties and their learned counsel he was enquired about whether he intends to accompany to the petitioner or not, he replied in the negative then by making him alone in the Chamber he was asked whether he wants to go with the petitioner or not whereupon he tearfully has stated that his father has been murdered and he has disdained of petitioner and his mother and has felt fearing from the petitioner and his maternal uncles up to his death.

2. Learned counsel for respondent No.1 submits that the minor is aged about 7 years and his own independent opinion, if any, is brought on the record, the same cannot be ignored and the detenu of his own free will without any element of susceptibility and indoctrination has expressed his desire not to accompany to the petitioner whereas the order passed by the learned lower court is neither perverse nor incorrect and improper, therefore, needs no interference and the instant petition being shorn of reasons may be dismissed.

3. Heard. Record perused.

4. The detenu has been found step son of the deceased in which his real mother has been involved and the petitioner is real grand maternal mother of the detenu. In this way, through an intrigue, she needs custody of the detenu with a view to extract benefit in the murder case for her daughter. Indubitably respondent No.1 with whom the detenu lives now-a-days is not directly related to him but it has been brought to the notice of the Court that he being complainant of the murder case vide F.I.R. No.1673 dated 14-11-2011 registered under section 302/34, P.P.C. at Police Station Kahna, Lahore prosecutes the case and proclivity with importunating and pertinacity of the detenu to live with the respondent No.1 cannot be laid aside and to turn aside from it.

5. As affection has been developed between both of them and more so respondent No.1 has no issue so far and the detenu has been found reached the brink of level of expressing the opinion, therefore, the same cannot be ignored off hand. In these circumstances, discussed op-cit, the order passed by the learned lower court dated 8-12-2011 needs no reversal or interference, therefore, the custody of the detenu shall remain with respondent No.1 and the instant petition being devoid of force is dismissed. N.H.Q./S-4/L Petition dismissed.