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1977 P Cr. L J 1073

Mst. WALLAN vs SULTAN AND 3 ANOTHERS

Citation1977 P Cr. L J 1073
CourtLahore High Court
Case No.Criminal Miscellaneous No. 544-H of 1977
Date1977-09-06
Judge(s)Malik Saeed Hassan
ResultPetition allowed

ORDER

' All the detenus are present. The petitioner is the mother of all the detenus. Respondent No. 4 is the brother of the petitioner. Accordi.z4 to the report of the bailiff, detenus were produced before him by respondent (Kabir). Respondents 1 and 2 are not related to the petitioner or the detenus. Kabir respondent appears to be a distant relation.

2. To my estimation, the age of Mst. Pathani appears to be 10 sears 1 and Rani appears to be 6/7 years old ; and Allah Yar appears 2/3 years old. The petitioner, as the mother, has a right of hizanat of her minor children in accordance with the law of Sharjah None of the respondents have any right of custody, or hizanat, under any law. To me, it appears that respondents had poisoned the mind of the children against their own mother. One child (Rani) was kept back, but she has also been produced today. Because of my impression, I had ordered that the children be kept in Daral Amain for two days and provided opportunity to the petitioner only to meet them. It appears that the course of action that I adopted has had its effect. Mst. Pathani, who is a good looking and intelligent child is now in a different state of mind. She has less anger and more poise. The state of agitation that I noticed in the expression of the children, when they were produced for the first time before me, is missing. They seem to be equipoised and in a very rational frame of mind. Even Mst.

Pathani has now expressed her wish to accompany the petitioner, her mother.

3. Under the circumstance, I order that the custody of the minorsdetenus namely ; Mst. Pathani, Rani and Allah Yar, be given to the petitioner. No attempt would be made by any of the respondents to forcibly take away the abave detenus from the custody of the petitioner. If the respondent, or any other person, feel aggrieved about the right of custody or hizanat, they are free to have recourse to a proper forum for the enforcement of any right regarding custody or hizanat of the children. If any attempt is made by any of the respondents to forcibly take away the detenus from the custody or hizanat of the petitioner, it would be deemed to be contempt of this Court.

4. The rule is made absolute.. {{BLUR PAGE}}

Cited by 2 cases

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