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Criminal Miscellaneous No. 544-5 of 1977, decided on 7th September 1977. Criminal

-------S. 491-Habeas corpus-Custody of minor, right of-Mother entitled to hizanat of her minor children in accordance with law of Shariat--Mind of children poisoned against their mother by respondents, having no right of custody or hizanat under any law Custody of minors given to mother, In circumstances.-[Habeas corpus-Custody of minor].

Syed Ashiq Hussain Rizvi for Petitioner.

All the detenus are present. The petitioner .is the mother of all the detenus. Respondent No. 4 is the brother of the petitioner. According to the report of the bailiff, detenus were produced before him by respondent (Kabir). Respondents 1 and 2 are not related to tire petitioner or the detenus. Kabir respondent appears to be a distant relation. 2. To my estimation, the age of Mist. Pathani appears to be 10 years Rani and I appear to be 6/7 years old; and Allah Yar appears 2/3 years old. The petitioner, as the mother, bags a right of hizanat of her minor children in accordance with the law of Shariat. None of the respondents have any right of custody, or hizanat, under any law. To me, it appears' that respondents had poisoned the mina of the children against their own/4 mother. One child (Rant) was kept back, but she has also been produce today. Because of my impression, I had ordered that the children kept in Daral Aman for too days and provided. Opportunity to the petitioner only to meet them. It appears that the course of action that I adopted has had its affect. Mst. Pathani, who is a good looking and intelligent. Child is now in a different state of mind. She has less anger and more poise. The state of agitation that I noticed in the expression of the children when they were produced for the first time before me is missing. They seem to be equipoise and in a very rational frame of mind. Even fist. Pathani has now expressed her wish to accompany the petitioner, her mother.

3. Under the circumstance, I order that the custody of the minors detenus namely; Mst. Pathani, Rani and Allah Yar, be given to the petitioner. No attempt would be made by any of tie respondents to forcibly take away the above detenus from the custody of petitioner. If the respondent, or any other person, feel aggrieved about the right of custody or hizanat, they arc free to have recourse to a proper forum for the enforcement of any right regarding custody or hizanat of the children. If any attempt is made by any of the respondents to forcibly take away the detenus from the custody or hizanat of the petitioner, it would be deemed to be contempt of this Court.

4. The rule is made absolute.

Petition allowed.

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