1984 P Cr (PLP)
Mst. HIDAYAT BIBI-Petitioner Versus NOOR MUHAMMAD-Respondent
| Citation | 1984 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Ijaz Nisar, J |
| Parties | Mst. HIDAYAT BIBI-Petitioner Versus NOOR MUHAMMAD-Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1984 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1984 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Ijaz Nisar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1984 P Cr (PLP) (Mst. HIDAYAT BIBI-Petitioner Versus NOOR MUHAMMAD-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Saleem Sahgal for Petitioner.
- Ch. Muhammad Abdul Wahid for Respondent.
Headnotes / Summary
S. 491--Guardians and Wards Act (VIII of 1890), Ss. 17 & 25 Illegal detention-Minor girls-Custody - Husband dying leaving two minor daughters-Daughters kept in detention by brother of husband with a view to compel mother petitioner to marry his cousin and deprive them of their property-Uncle of minor girls, held, not justified to have custody of minors and mother of minors had a better claim than brother of her husband - Welfare of minors, held further, demanded that they should live with their mother, subject of course, to proving any disqualification on her part before competent Court - Detenus recovered through bailiff and their custody delivered to their mother.
Judgment & Decree
M. Saleem Sahgal for Petitioner. Ch. Muhammad Abdul Wahid for Respondent. This is a habeas corpus petition.
2. Mst. Hidayat Bibi petitioner states that she was married to one Sami Khan on 24th March, 1974. Out of her wedlock she gave birth to four children two of whom expired whereas two daughters (the detenus) namely, Hussain Bano aged 6/7 years and Rashida Bibi aged 4/5 years are alive. Sami Khan husband of the petitioner expired in the year 1981. With view to depriving the petitioner and her daughters of the property left behind by her husband, the respondent and his brother started compelling the petitioner to marry their cousin Muhammad Shafi to which she did not agree. She alleges that she and her daughters were kept under detention by the respondent. However, on 15th September, 1982 she succeeded in escaping from the illegal detention. The petitioner stated that the respondent was illegally detaining her minor daughters and was not letting them live with her. On her request a bailiff of the Court was deputed who recovered the detenus from the house of the respondent.
3. The respondent has contested the application. He admits that the petitioner is widow of his deceased brother and also admits that he is keeping the custody of daughters of the petitioner. According to him the petitioner is a woman of loose character and has no source of income and is not in a position to maintain and bring up her minor daughters properly.
4. The petitioner has denied having contracted a second marriage with Muhammad Shafi. She states that he is a first cousin of the respon dent and the latter has falsely prepared a nikahnama in order to grab the property left by her late husband.
5. In the presence of the detenus, I see no justification for the respondent to have the custody of the minor daughters. She has definitely a better claim than the respondent a brother of petitioner's husband. It appears to be in the interest and welfare of the minors that they should live with their mother subject of course to proving any disqualification on her part before the competent Court by the respondent. Accordingly, I grant the application and direct that the custody of the detenus be delivered to the petitioner. M. Y. H. Petition accepted.