Law: Criminal Procedure Code (V of 1898)

Section: 491,561-A

Law: Guardians and Wards Act, 1890

Section: 25

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 491 & 561-A---Habeas corpus petition---Recovery of minor-boy from alleged illegal custody of his father (respondent)---Minor-boy below seven years of age---Mother (applicant) filed application under S.491, Cr.P.C., for recovery of her minor son and daughter from the illegal custody of their father---Court below handed over custody of daughter to the mother but ordered that son would remain with the father as he was not in illegal custody---Legality---Custody of minor son who was aged about four years was with his father---Minor son was below the age of seven years and his mother had demanded his custody from the father, hence his custody with the father could not be considered legal and proper---Application was allowed and father was directed to handover the custody of minor son to his mother. Nisar Muhammad and another v. Sultan Zari PLD 1997 SC 852; Muhammad Naseer Humayon v. Mst. Syeda Ummatul Khabir 1987 SCMR 174; Muhammad Javed Umrao v. Miss Uzma Vahid 1988 SCMR 1891; Mst. Khalida Perveen v. Muhammad Sultan Mehmood PLD 2004 SC 1 and Mst. Rubia Ayaz Khan v. The State and another PLD 2001 Kar. 197 ref. Rubia Ayaz Khan v. The State PLD 2001 Kar. 197 and Mst. Tayyaba Khan v. Syeda Begum and another PLD 1994 Kar. 204 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 491---Habeas corpus proceedings, nature of---Recording of evidence---Scope---Proceedings under S.491, Cr.P.C. by their nature were summary in character and the entire evidence was not recorded to decide the main controversy between the parties. (c) Criminal Procedure Code (V of 1898)--- ----S. 491--- Guardians and Wards Act (VIII of 1890), S. 25---Habeas corpus proceedings---Custody of minor---Adjudication upon the matter by the Guardian Judge---Effect---Jurisdiction under S.491, Cr.P.C. was to be exercised by the High Court without prejudice to the right of the parties to have the matter finally adjudicated upon by the Guardian Judge. ORDER ABDUL RASOOL MEMON, J.---The applicant being aggrieved and dissatisfied with the order dated 16-4-2012 passed by the 1st Additional District and Sessions Judge Karachi (West) in Criminal Miscellaneous…

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