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Criminal Miscellaneous No. 178‑H of 1985, decided on 22nd May, 1985.

‑‑‑S. 491‑‑Habeas corpus‑‑Alleged detenu, a Christian girl disclosing in Court of having embraced Islam and voluntarily marrying a Muslim man‑‑Detenu a 15 years old girl‑‑Puberty presumed on completion of 15 years' age in absence of evidence to contrary‑‑Detenu, held, appeared to have embraced Islam and married a Muslim man lawfully and in law it could not be said that she was detained illegally by husband‑‑Petition dismissed 'in circumstances.

Talat Farooq Sheikh for Petitioner.

Nisar Ahmad Butt for Respondent No. 1.

Date of hearing: 22nd May, 1985.

This is a petition under section 491, Cr.P.C. by Rani, petitioner, for the recovery of her daughter, Mst. Hamidan alias Zahoori alias Kalsoom, from the illegal custody of Roshan Masih, respondent No. 1.

2. The case of Mst. Rant, petitioner, is that Mst. Hamidan, detenu, is her daughter, that she was born on 8‑3‑1970, as per the certificate of birth annexure A issued by the Union Council Bahadurpura (annexed to the petition) and that the said girl was abducted by Roshan Masih. respondent No. 1, on 19‑3‑1985 and that after being forced to embrace Islam the girl was also forced to go through a form of marriage with the respondent.

3. On behalf of Roshan Masih, respondent No. 1, it is submitted that even if it be accepted that the detenu was born on 8‑3‑1970, she voluntarily embraced Islam at the Badshahi Mosque, Lahore, on 3‑4‑1985. as is evident from annexure R. 2, which is the photo copy of the certificate of embracement of Islam issued by the Naib Khateeb of the said mosque, and that she voluntarily married respondent No. 1, on 7‑4‑1985, which is also borne out by her statement recorded by the Magistrate under section 164, Cr. P.C. when she was produced before him after the petitioner had filed a case against the respondent under the Hadood Ordinance.

4. Mst. Hamidan alias Zahoori alias Kalsoom, detenu, is present in Court. On interrogation, she has disclosed that she voluntarily embraced Islam at the Badshahi Mosque on 3‑4‑1985 and that she voluntarily married Roshan Masih, respondent, of her own free will and accord at Lahore on 7‑4‑1985. She submits that Roshan Masih, respondent No. 1, is actually a Muslim and had embraced Islam much earlier.

5. In view of the above position, it appears that Mst. Hamidan alias Zahoori alias Kalsoom, detenu when she embraced Islam and married Roshan Masih, respondent No.1, was above fifteen years of age. Under Muslim Law, puberty is presumed, in the absence of evidence, on completion of the age of fifteen years. In those circumstances, the detenu appears to have embraced Islam and married the respondent lawfully. The detenu is living happily with the respondent and in lam it cannot be said that she is being illegally detained by him.

6. For the forgoing reasons, there is no merit in this petition, which is dismissed.

S.A. Petition dismissed.

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