Law:

Section:

Penal Code (XLV of 1860)--- ----S.361---Criminal Procedure Code (V of 1898), S.491---Constitution of Pakistan, Art.199---Constitutional petition---Habeas corpus proceedings---Kidnapping from lawful guardianship---Custody of mother---Quashing of habeas corpus proceedings---Sessions Judge, on application filed by father initiated proceedings under section 491, Cr.P.C. against mother for custody of her own son who was 4 years old---Validity---Mother of child was always a natural guardian along with father---Mother could never be ascribed or attributed offence of kidnapping her own child---Exceptions posted with S. 361 P.P.C. had even gone to the extent of reliving a person from criminal liability even if he/she believed himself/herself to be mother/father of an illegitimate child or who in good faith had believed to be entitled to lawful custody of such child---Child of 4 years needed love, affection and care from mother---Offence of kidnapping from lawful guardian by mother was not made out and Sessions Judge did not examine relevant material on record---High Court set aside the order passed by Sessions Judge, and quashed proceedings under S. 491, Cr.P.C., as continuation of same would amount to abuse of process of law---Petition was allowed in circumstances. ORDER SIKANDAR ZULQARNAIN SALEEM, J.---This petition has been filed by the petitioner under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, with the prayer that the impugned order dated 17-6-2014 passed by the learned Sessions Judge, Muzaffargarh may very kindly be declared illegal, the same be set aside and in consequence of the same, the petition under section 491, Cr.P.C. filed by respondent No.4 may very kindly be dismissed to meet the ends of justice. 2. The background of the instant case is that the petitioner was married with Syed Hafeez Ahmad Bukhari/respondent No.3 on 27-5-2011. Out of this wedlock, one child Abad Hussain was born. That after the eruption of dispute between the petitioner and respondent No.3, the petitioner filed a suit for dissolution of marriage which was ex parte decreed on 18-2-2014 and since then she is living with her relatives at Basti Pull Braran,…

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