The petitioner has invoked the jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 read with Section 491, Cr.P.C. in order to recover his daughter Noor Fatima (minor) from the alleged illegal and unlawful custody of Respondent No. 5 Amir Ali.
2. It was maintained that on 26.01.2025, her daughter/detenue aged about 16, was abducted away by four male and two female unknown culprits in the presence of his son Hanan Ahmad.
3. Detenue has been produced today by Respondent NO.4/SHO PS City, Pindi Bhattian in the pursuance of a direction issued by this Court. On query she stated that she contracted marriage with Respondent No. 5/Amir Ali out of her sweet will free consent and without any duress and she was living happy matrimonial life with her husband and she was not abducted by any person, nor she was kept in illegal confinement by anybody, She, refused to accompany her father/petitioner expressing apprehension to her life as well as life of her husband at his hands.
4. Learned counsel for petitioner raised the objection that detenue was a minor. She was just 16, as such she was not competent to form free and independent opinion, hence her consent of living with Respondent No. 5 should not be given any weight.
5. Petitioner was thoroughly examined by me in the open Court. She appears to be a person of the age of discretion. She was found to be puberty, as such in my humble opinion, she was competent to enter into marriage with any person of her own choice and no consent of any 'Wali' or guardian was required for that purpose. The Hon'ble Federal Shariat Court adopted the said view in a detailed judgment 'Muhammad lqbal v. The State' (PLD 1983 FSC 9). The Honourable Court further held Nikah of a pubert girl was not invalid for the want of permission of Wali'. If any further reference in this regard is required, that can be have from 'Zarjuma alias Jamna Bibi v. Station House Officer, Police Station Saddar, District Bhakkar and 4 others' (PLD 2009 Lah. 546). 1 have further placed my reliance upon 'Muhammad Khalid v. Magistrate and 2 others' (PLD 2021 Lahore 21).
Detenue further stated that her father/petitioner had got registered FIR No. 353/2025, dated 28.01.2025, for offence under Section 365, PPC, registered with Police Station A-Division, District Sheikhupura against unknown persons, wherein she got recorded her statement under Section 164, Cr.P.C. before the learned Judicial Magistrate Section 30, Lahore categorically refuting the story of her abduction.
6. Since detenue happens to be a grownup female and free citizen of this Country, hence, cannot be forced to reside along with her father/petitioner against her wishes.
7. Detenue is set at liberty. She is allowed to go alongwith her husband.
8. In the light of above discussion, the present petition has no force.
9. Security amount of Rs. 30,000/-deposited by petitioner on the direction of this Court is ordered to be returned to him by office.
10. Petition dismissed.