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Criminal Miscellaneous No. 261-H of 1986, decided on 26th July, 1986.

---S.491--Habeas corpus--Illegal confinement of detenu by her husband--Detenu stating of her illegal confinement--Husband not allowing her to visit or see her parents--Detenu expressing desire to go with her mother--Detenu set at liberty and placed in custody of her mother with whom she was allowed to go.

---S. 491--Illegal confinement of child--Minor son snatched by father from custody of mother at time of her recovery by bailiff of the Court No prayer made for recovery of child in main habeas corpus petition High Court as Court of Record and patria potestas over minors, held, had power of directing delivery of minor child into custody of his mother if child was snatched from her lawful custody----Hizanat would remain with real mother--Child delivered to mother in circumstances.

Maruf Ahmadab for Petitioner.

Ch. Rafiq Ahmad Bajwa for Respondent.

Pursuant to the order of this Court, dated 23-6-1986, Muhammad Hussain, Bailiff, of this Court has recovered Mst. Bushra Bibi, detenu, from the custody of Muhammad Aslam, respondent, and has produced her in Court. According to the report of the bailiff, he tried to take the custody of the detenu, but Muhammad Aslam, respondent, interfered in his duties, despite the fact that the bailiff identified himself as an officer of the Court. The report also shows that the respondent collected a large number of persons who started using filthy and abusive language against the bailiff and some of them tried to create brawl and hindrance in the execution of the order of the High Court. At the time of recovery of Mst Bushra Bibi, detenu, she was carrying her minor son, Asif, aged about 2/3 years, who was forcibly, with the help of a number of persons, snatched away by the respondent, who was acting desperately at that time. The respondent also refused to receive the notice. The police officer, who is present in Court, submits that he tried to serve the notice of the Court on Muhammad Aslam, respondent, taut he refused to accept the same.

2. In view of the aggressive and illegal behaviour of the respondent and others, who tried to interfere in the duties of the bailiff and to cause hindrances in his duties, I hereby order that a case should be registered against Muhammad Aslam, respondent 'and others, by the S.H.O. Police Station Civil Lines, Faisalabad, in respect of the offences that arise out of the report of the bailiff. A copy of this order should be given Dasti to Ghulam Farid A.S.I. for delivery to the S.H.O., Civil Lines.

3. Let the statement of Mst. Bushra Bibi, detenu, be recorded.

This is a petition under section 491, Cr.P.C. by Mst. Sakina Bibi, petitioner, for the recovery of her daughter Mst. Bushra Bibi, detenu, from the illegal confinement of her husband, Muhammad Aslam, respondent.

4. Pursuant of the order of this Court dated 23-6-1986, Mst. Bushra Bibi, detenu, was recovered by Muhammad Hussain, Bailiff of this Court. Her statement has been recorded. From her statement, it appears that she is being illegally confined by her husband and not being permitted to visit or see her parents. The detenu has expressed her desire to go and reside with her mother Mst. Sakina Bibi, petitioner. In accordance with her request, she is allowed to go with her mother Mst. Sakina Bibi, petitioner.

5. For the foregoing reasons, this 'petition is presently accepted qua Mat. Bushra Bibi, detenu, who is set at liberty and, in accordance with her desire, she has been placed in the custody of her mother Mat. Sakina Bibi, petitioner, with whom she may go.

6. The respondent is hereby directed to produce the minor son, Asif, aged 2/3 years, in this Court on 2-7-1986.

7. To come up on 2-7-1986 before any Bench, as I will be at Multan Bench.

[2-7-1986].--At the last hearing, the statement of Mst. Bushra Bibi detenu, was recorded, from which it appears that at the time of her recovery by the bailiff, she was carrying her minor son Asif, minor detenu, aged about two/three years, who was forcibly snatched away by the respondent, with the help of a number of persons. On behalf of the respondent it is submitted that there is no prayer for the recovery of Asif, minor detenu, in the main habeas corpus petition, nor was there any earlier order of this Court for the recovery of the said minor detenu. Be that as it may, this Court, as a Court of Record and patria postestas over minors, has a power of directing the delivery of a minor child into the custody of his mother, where such minor child has been snatched away from her lawful custody. The child is aged about two/three years. The 'Hizanat', therefore, remains with Mst. Bushra, his real mother. In these circumstances, the custody of the minor child Asif, aged about two/three years, is delivered to Mst. Bushra, his real mother.

2. Nothing herein contained shall prevent Muhammad Aslam, respondent, from seeking his legal remedy in the Guardianship Court, which may be otherwise available to him.

S. A. Order accordingly.

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