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Criminal Miscellaneous Application No. 989 of 1979, decided on 24th October, 1979.

‑‑S. 491‑Habeas corpus‑‑‑Detenu, a minor girl, living. with uncle and desirous to go and live with him‑Detenu produced m Court from custody of uncle‑‑Extent of uncle's influence not known‑Detenu a minor and deprived of her education during stay with uncle‑Mother, held, entitled to her custody, in circumstances of case.‑[Custody of minor].

Muhammad Rafrque v. Muhammad Ghafoor P L D 1972 S C 6 rel.

Umar Farooq Khan for Petitioner.,

Muhammad Ibrahim Menton, Addl. A.‑G. for the State.

The petitioner was married to one Abdul Ghani some eighteen years ago, and of late there was a divorce. Mst. Rashida Parveen is an offspring from the said union. There are some other children also, and all the minor children are living with the mother. The allegation in the petition was that the alleged detenu was living with her mother at Rawalpindi, when she was forcibly kidnapped from there some three months ago. The petitioner had lodged a report with the police authorities, but they did not evince any interest in the matter, and, after . hectic search, she had located the girl with the respondent at Karachi. It appears that she had also been to a local police station, but nothing happened there. There was produced in Court, as directed and her statement had been recorded. It appears that she was studying at Rawalpindi, being‑ a student of Vth class. On her own showing, the studies have been discontinued here, though she is with the respondent for about a year by now. It is also an admitted position that the parents have separated, because of a divorce, and she is living not with the father, who also happens to be at Karachi, but with an uncle. She has also clearly stated that she would like to go and live with the uncle. She is a stripling of a girl and apparently of tender age. In other words, she. is a minor, and it will be the petitioner, who is entitled to her custody. It is true that she has given a clear expression of desire to go back to her uncle's house, but she has been produced in the Court from their custody, and we do not know as to what extent she is under their influence. We cannot also ignore the fact that, from the time she happens to be here, she has been deprived of he education. We are, therefore, of the opinion that the girl be handed to the petitioner, her mother. Such a course will find support from Muhammad Raftque v. Muhammad Ghafoor (P L D 1972 S C 6). We will, therefore, allow the petition.

There is a request for police aid being given to the petitioner up t the place, where the petitioner is staying. This request is also granted.

Petition allowed.

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