Law:

Section:

(a) Constitution of Pakistan (1973) Art. 199-Entries in birth-certificate controverted as forged Constitutional jurisdiction, held, not appropriate to determine or give appearance of determining such a question of fact.-[Question of fact]. (b) Constitution of Pakistan (1973)- Art. 199 read with Criminal Procedure Code (V of 1898), S. 491Habeas corpus- Credential 'of abductee's alleged husband subject-matter of adjudication in a criminal trial-Improper to hand her over to such person's custody-Court, held, could justifiably pass an order directing handing over of her custody to parents and such order suffered from no infirmity-Habeas corpus petitioh, held, could not succeed strength of abductee's claim to be 17 years.-[Habeas corpus]. JUDGMENT Shahida Parveen who claims to be 16/17 years of age and is at present lodged in Darul Aman has invoked the Constitutional jurisdiction for challenging an order of the Sessions Judge, Sialkot dated 26-2-1979 with regard to her custody. 2. The background of the petition is that Muhammad Inayat, the father of the petitioner, lodged a report at the Police Station, Daska, District Sialkot on 8-10-1978 complaining that Shahida Parveen aged 13 years had been abducted and later married to Rafiq. A case under section 363/34, P. P. C. was registered at the police station. The petitioner was recovered, got medically examined with regard to her age on 13-12-1978 and her statement was recorded by Magistrate First Class, Daska on 25-11-1978 under section 164, Cr. P. C. wherein she stated that she had married Muhammad Rafiq of her own free will and wanted to go with her maternal uncle. The Magistrate thereupon ordered that she should be lodged in Darul Aman. Two revisions were filed against that order and the Sessions Judge found that the question of marriage with Muhainmad Rafiq as also her age were matters factually controverted and the father was the proper person at this stage to get the custody of Shahida Parveen. The revision petitions were accordingly disposed of on 26-2-1979. Hence this petition. 3. Shahida Parveen has remained lodged in Darul Aman all this time. She was got medically examined once again by a Radiologist with…

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