1. This habeas corpus petition is by Mst. Janat Bibi seeking to secure the custody of her minor daughter Shahnaz Begum. It appears from the petition that the petitioner and her daughter had on several occasions gone to the house of the respondents and were on visiting term with them. Mst.
2. Shahnaz Begum also visited the house alone on many occasions and also went with them to see their common friends. It was on 26th December 1969 that the petitioner was informed by respondents 3 and 6 that Mst. Shanaz Begum had married Ishtiaq Beg, respondent No. 2. They had also told her that Mst. Shanaz Begum had also sworn an affidavit before the City & A. D. M., Karachi and in it she had declared herself to be a major. They demanded her "Rukhsati" from the house. The petitioner then got perturbed and then she approached the D. I. G. And the S. H. O. Of Police Station Liaquatabad. On 2nd January 1970 at about 4 p.m. Reason--dents 2 and 3 along with policemen and some other persons came to her sister's house and took away her daughter Mst. Shahnaz Begum. She was kept at the police station for the whole night and in the morning she was produced before the 10th Additional City Magistrate, Karachi. The learned Magistrate ordered her daughter to be kept in Darul Aman. Thereupon, she came to this Court and sought the above relief.
3. It appears from the lower Court record that Ishtiaq Beg, respondent No. 2, had filed a complaint on 27th December 1969 against the petitioner and four other persons for wrongfully confining Mst.
4. Shahnaz Begum in the house after unlawfully taking her away from his house where she was living as his wife. He also alleged that her life was in danger. The learned Additional City Magistrate examined the said respondent and his witnesses under section 200, Cr. P. C. And held that a prima facie case was made out under section 344, P. P. C. He thereupon ordered the issuance of the process against the petitioner and the other accused persons to appear before him on 9th January 1970. Upon the application filed by this respondent under section 100, Cr. P. C. The learned Magistrate ordered the issuance of a search warrant for. Securing the custody of Mst. Shahnaz Begum. This warrant was executed and Mst. Shahnaz Begum was produced before the learned Additional City Magistrate, Karachi on 3rd January 1970. The petitioner also appeared on that day in the Court and filed an application for getting back the custody of Mst. Shahnaz Begum. The respondent No. 2, who is a complainant in that case, also filed an application, in which he showed his apprehension that she is likely to be influenced and that to avoid that situation Mst. Shahnaz Begum may be sent to Darul Aman for a day or two; her statement be then recorded. On this application the learned Additional City Magistrate ordered that she be sent to Darul Aman and again to be produced before him on 9th January 1970. The request of the petitioner was, however, rejected on this ground, the same day. It is against this order that the above petition appears to have been filed.
5. I have examined Mst. Shahnaz Begum today. She was also sent for the ascertainment of her age to the Police Surgeon, Karachi. His report is also before me. In his opinion Mst. Shahnaz Begum is about 18 years of age. Mst. Shahnaz Begum, however, in her statement has claimed to be 15 years of age. She did not know the date of her birth but it was her own estimation. There is no other documentary evidence or record to confirm what she stated before me. I have, therefore, taken the age given by the doctor into consideration while disposing of this petition. Though she was confronted with the Nikahnama and the declaration, yet she has denied her signature on the declaration and has gone even to the length of saying that she never appeared before the City & A. D. M., Karachi. She has admitted her signature on the Nikahnama but has stated that her signature was taken by playing fraud on her. Whatever may be her status, that is not a question before me. Since she is a major and desires to live with her mother, I have no option but to set her free. It is for her to choose the place of living of her own choice. The petition is accordingly accepted and Mst. Shahnaz Begum is set at liberty. It is clarified that the criminal case shall proceed in accordance with law and that she will appear before the learned Magistrate as and when ordered to do so.