Law:

Section:

Constitution of Pakistan (1973)--Art. 199(b) (t)-Criminal Procedure Code (V of 1898), S. 491-­Guardians and Wards Act (VIII of 1890), S. 25-Custody-Dispute between parties essentially regarding custody of a girl and no question of forcible detention arising -- Petitioner maternal grandmother of girl and respondent girl's paternal uncle-Matter, held, essentially one for Guardian Judge to decide and no justification made out for issuing a direction in nature of writ of habeas corpus.-[Habeas corpus-Custody of minor] ORDER ANWARUL HAQ, C.- J. The dispute in this case concerns the custody of a young girl, named Zahida Perveen, aged about 18 years. Both her parents are dead, and she had been living with the petitioner, who is her maternal grandmother. She had gone to the house of her paternal uncle, respondent Muhammad Ramzan to attend the funeral of her father, but did not return to the house of the petitioner. The petitioner thereupon commenced habeas corpus proceedings against the respondents, but the same were dismissed by a learned Judge of the High Court on 5-3-1980 on the basis of the statement made by the girl that she would like to live with her paternal uncle, who was also her guardian under the Muslim law. The petitioner was apparently not satisfied with this order, and instituted a second habeas corpus petition…

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