Mst. BHAGUL Versus IMAM BUX

1. This is an application under section 491‑A, Cr.P.C. filed by mother of alleged Detenu Mst. Humcra. Rule nisi was issued by this Court and it is stated by the counsel for the applicant that she was produced by her uncle who is also present today in this Court. Statement of Mst. Humera was recorded by my learned brother Syed Ally Madad Shah now retired, J. on 12‑8‑1978. At the request of the Advocate of the petitioner Mst. Humera was kept in Darul Aman and referred for determination of her age, now certificate has been received and it is stated that Mst. Humera is about 15 years old.

2. I have heard Mr. Muhammad Ibrahim Soomro for the applicant. It is contended that she is a minor her custody be given to her mother. He has referred to the case reported in PLD 1980 Lah. 14.

3. Mr. Syed Madad Allly Shah appearing for the respondents Nos. 1 and 3 submitted that Mst. Humera is married to respondent Hot and she is pregnant. He has referred to the cases reported in P L D 1978 Kar. 373, P L D 1970 S C 323, 1975 P Cr. L J 1045, P L D 1962 Kar. 442 and 1970 P Cr. L J 1035.

4. Mr. S. Sarfiaz Ahmed learned A.A.‑G. has referred to 1981 SCMR 301 and stated that mother will be proper guardian and Mst.'Humera may be allowed to go with her mother.

5. The uncle of Mst. Humcra, Imam Bux is present. He stated that at the Bar that he got Mst. Humera married to Hot who is her cousin. On the other hand petitioner stated that Hot is not cousin of Mst. Humera. 1n support Hot has produced Nikahnama and uncle has also admitted the marriage between Hot and Humera. Father of Humera is ‑dead. Petitioner has also stated that Imam Bux took away Humcra on the pretext of attending some marriage and since then she disappeared. Whatever circumstances may be but fact is that parties are relate inter se and Humera has also stated before this Court that she wants to go with her husband Hot and he is passing happy life in her house. The question of guardianship could only be resolved by the Civil Court. But at this stage it is to be seen whether Humera is illegally detained or she has got a danger of life. There is no such allegation in the petition or nobody has stated today any danger to the life of Mst. Humera. She wants to live with her husband Hot and uncle Imam Bux. She was voluntarily produced by Imam Bux. She can go and live with her husband and uncle Imam Bux. At this stage prima facie she is wife of Hot and her puberty is not challenged. Mst. Bhagul also filed application under section 491‑A Criminal Miscellaneous Application No. 215/86 and it was withdrawn.

6. This is II application

7. S.G.D./B‑56/K. Order accordingly.