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Criminal Miscellaneous No. 697‑H/BWP of 1985, decided on 2nd June, 1985.
‑‑‑S. 491‑‑Detention‑‑Custody‑‑Detenu 18/19 years old girl and a sui juris and able to form an independent opinion‑‑Such detenu being under custody of her father where step‑mother also living‑‑Detenu willing to go with her grandmother (petitioner) who brought her up on death of her mother when she was 8/9 years old‑‑Welfare of minor being supreme and of paramount importance detenu was allowed to go with her grandmother.
Sh. Hakim Ali for Petitioners.
Sardar Ahmad Khan for Respondents.
The alleged detenu states her age as 18 or 19 years. She appears to be Sui juris. She can form an independent opinion.
2. The facts of this cage in brief are that according to the detenu, she was brought up by the petitioner, who happens to be her maternal‑grandmother. When she came of age, she was given to her father as a consequence of a criminal case lodged by the respondent. It has been asserted that the respondent, who is the father of the alleged detenu has contracted a second marriage stepmother of the alleged detenu is in his house. The alleged detenu as stated that she was taken away by her father and now she wants to go with the petitioner, who is her maternal‑grandmother.
3. The learned counsel for the respondent contended that the of the respondent is not illegal or improper because being a father, he is entitled to her custody. It may be noted that according to the of Guardianship, the welfare of the minor is supreme. According to the petitioner, the mother of the alleged detenu died when the alleged detenu was 8/9 days old and she was brought up by her till she was handed over to the respondent. The welfare of the minor is of paramount importance. The custody of the alleged detenu cannot be given to her father, in whose house a stepmother is living. She wants to go with her maternal grandmother, who is the petitioner. She wants to go with the petitioner. The parties may agitate the issue of custody before the Guardian Judge, if they so like. The petition stands disposed of.
M.Y.H. Order accordingly.
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