Law:

Section:

Keywords: Invalid, Notice, Consent, Certificate, Leave To Appeal, Validity, Contract, Petition, Competent Authority, Custody, High Court, Date Of Birth, Jurisdiction, Habeas Corpus, Nikahnama, Discharge, Procedure, Leave, Petitioner, Order, Child Marriage Result: Petition dismissed JUDGMENT MUHAMMAD HALEEM, J.-This petition is by the father of the detenu, Mst. Zeenat Parween, seeking to have her custody. The case set out in the petition is that he was abducted along with her mother, Mst. Zainab Bi, on 28thMarch 1974, by Munawar, Muhammad Ismail and his wife, Abdul Majid and Pahelwan. The petitioner sent an application to the S. H. O., Police Station Jamshed Quarter, but no action was taken, whereupon he approached the higher authorities, in consequence of which the case was regis tered, but those who had abducted the wife and the detenu were not arrested. The detenu was, however, produced before the A. D. M., Karachi, who recorded her statement and it thereupon transpired that the detenu was married to respondent No. 1, Nawaz A.I Dero. The nikahnama shows her age as 17 years and one of the abductors, namely Munawar Ahmad, falsely personated as her uncle. According to the petitioner, Mst. Zeenat Parween is aged 14 or 15 years and that being a minor she was married without his consent, which marriage is not valid in law. He has, therefore, invoked the jurisdiction of this Curt for granting her custody to him. 2. As for the age of the girl, she is certified to be about 16 years by the Civil Surgeon, Karachi. The birth certificate shows her date of birth as 20th December 1958. There can, therefore, be no doubt that though under sixteen she is a pubert, which fact has not been disputed. All that is said is that she is under 16 years of age and could not have contracted a marriage without the consent of her guardian, that is the petitioner, not only under the Muhammadan Law but also under the provision of the Child Marriage Restraint Act, 1929. The detenu was produced in Court pursuant to an order dated 9th August 1974, and we have examined her. She has stated that she has married respondent No. 1, Nawaz A.I Dero, willingly and that she was living with him of her own…

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