Law:

Section:

(a) Criminal Procedure Code (V of 1898)----- ----S. 491---Constitution of Pakistan (1973), Art. 185(3)---Custody of minor---High Court had not decided the case keeping in view the relevant provisions of the law, but had deprived the mother from the custody of her minor female child for the reasons that the minor had emotional attachment with her father---Courts in the cases pertaining to the custody of a child were not supposed to go into the technicalities of the law and they should decide the case keeping in view mainly the welfare of the child---Respondent (father) had divorced the petitioner (mother) and their female child was two years of age and in the interest of justice and as well as for the welfare of the minor, petitioner being mother was entitled to retain her custody---Petition for leave to appeal was, therefore, converted into appeal and allowed as a result whereof the impugned was set aside and the custody of the minor girl was handed over to her mother, with the observations that the parties would be at liberty to approach the Guardian Judge for redressal of their grievance , if any. Muhammad Naseer Humayon v. Mst. Syeda Ummatul Khabir 1987 SCMR 174 fol. (b) Criminal Procedure Code (V of 1898)----- ---S. 491---Petition for custody of the minor ---Competency---Although ­ordinarily a petition under S. 491, Cr.P.C. is not found to be competent when there is no element of illegal custody by the father of his own child, but in the welfare of the child as well as to ensure that the rights conferred upon the child are fully protected in a suitable manner, Court can also pass appropriate orders in exercise of its inherent jurisdiction. Muhammad Naseer Humayon v. Mst. Syeda Ummatul Khabir .1987 SCMR 174 ref. JUDGMENT IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition has been filed against the judgment dated 8-7-2003 passed by a learned Single Judge of Lahore High Court, Lahore, whereby habeas corpus petition filed by the petitioner Mst. Khalida Perveen daughter of Muhammad Ramzan for recovery of her daughter aged about two years namely Hina Sultan alias Umm-i-Romaan, from the custody of her father Muhammad Sultan Mehmood has been dismissed. 2. In this case,…

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