MST. MUKHTAR MAI Versus ALLAH RAKHIA Malik Muhammad Aslam , Shabbir Ahmed Khastagi

ORDER

Mst. Mukhtar Mai has filed this petition under section 491, Cr.P.C. praying that her minor daughter Mst. Saeed Mai aged about 6 years, who is being illegally detained by her father‑respondent, be got recovered and her custody handed over to her. The background for filing this petition is that petitioner's father Allah Diwaya got her recovered from the custody of her husband Allah Rakhia and she was allowed to accompany her father vide order dated 12‑7‑1987 passed in Criminal Miscellaneous No. 879‑H of 1987. Her case is that on the day of her recovery in the said' petition, only her minor son Javid Ahmed aged 2 years had accompanied her but her minor daughter could not, as she had been hidden somewhere by the respondent.

2. Respondent‑Allah Rakhia has produced the minor Mst. Saeed Mai and states that the minor was voluntarily left behind by the petitioner when she was recovered by the bailiff in Criminal Miscellaneous No. 879‑H of 1987. A reference to the report of the bailiff in the said case, however, shows that the respondent was not even present at the place wherefrom the petitioner was recovered on 8‑7‑1987. As such, the version of the respondent that the minor was voluntarily left behind by the petitioner, is not correct. Prima facie, there is force in the contention on behalf of the petitioner that the respondent did not obtain the custody of the minor in a lawful manner. In this view of the matter the custody of Mst. Saeed Mai, aged about 6 years, is handed over to the petitioner. This is, however, without prejudice to the rights of the parties to obtain the custody of the minor from the Family Court.

S.G.D./M‑543/L Petition allowed.