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Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: INAYAT MASIH VS Respondent: MAGISTRATE FIRST CLASS ..GUJRANWALA and others
Court Name: Lahore High Court Judge(s): Zafar Pasha Ch. Title: INAYAT MASIH vs MAGISTRATE FIRST CLASS ..GUJRANWALA and others Case No.: Writ Petition No, 16011 of 2001 Date of Judgment:2002-01-10 Reported As: 2002 YLR 733 Result: Petition accepted
Judgment ORDER ' This matter is pending for quite some time before this Court and the alleged detenue, namely Mst. Alishiba (Ghulam Fatima) has been produced thrice in Court. She was sent back to Dar-ul-Aman, Gujranwala with an understanding that a better sense will be prevailed on her but she still insists to remain in Dar-ul-Aman. As detailed order was passed on 20-9-2001 wherein she was lodged in Dar-ul-Aman in order to afford her an opportunity to think over the matter and thereafter to decide whether she wants to accompany her father who assures her that he will not coerce her to change her faith. Today, she has appeared in Court. She has given her age as 16 years. She appears to be so. She does not intend to join her father but under the law, the father has the right of custody of her minor children upto the age of 18 years. He being the natural guardian, the same cannot be denied. If the minor refuses to join her father, then she can be forcibly handed over to the petitioner. It is not difficult to perceive from the circumstances that she is staying in Dar-ulAman at the behest of someone who is not entitled to have her custody. The S.H.O., Police Staiton Garjakh, District Gujranwala, is present in Court. As the alleged detenue is not willing to join her, therefore, she will be arrested handed over to her father. In case of resistance, necessary force from the ladies police shall be obtained in this behalf. The learned Additional Advocate General will ensure that she is taken into custody and is handed over to her father. Disposed of.
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