Mst. AISHA BIBI vs NAZIR AND 2 Other

ORDER

1. ANWARUL HAQ, C.- J. The dispute in this case concerns the custody of a young girl, named Zahida Perveen, aged about 18 years. Both her parents are dead, and she had been living with the petitioner, who is her maternal grandmother. She had gone to the house of her paternal uncle, respondent Muhammad Ramzan to attend the funeral of her father, but did not return to the house of the petitioner.

2. The petitioner thereupon commenced habeas corpus proceedings against the respondents, but the same were dismissed by a learned Judge of the High Court on 5-3-1980 on the basis of the statement made by the girl that she would like to live with her paternal uncle, who was also her guardian under the Muslim law. The petitioner was apparently not satisfied with this order, and instituted a second habeas corpus petition on the allegation that Mst. Zahida Parven had been coerced on the earlier occasion to make a statement in favour of the respondents. After considering the matter afresh, and recording statement of Mst. Zahida Parven, the High Court has once again refused to interfere, and has directed, by its order dated the 20th of September, 1980, that the petitioner may, if so advised, move the Guardian Court for being appointed as the legal guardian of the minor. The petitioner seeks leave to appeal.

3. From the facts narrated above, it is clear that the dispute between the parties is essentially regarding the, custody of the girl, and no question of any forcible detention arises. The petitioner is the maternal grandmother of Mst. Zahida Parveen, whereas respondent Muhammad Ramzan is he A paternal uncle. The learned Judge in the High Court appears to us to right in thinking that this was essentially a matter for the Guardian Judge to resolve, and no justification was made out for issuing a direction in the nature of a writ of habeas corpus.