Law:

Section:

Criminal Procedure Code (V of 1898) --------- ----------S. 491 --------- -Petition for direction in nature of habeas corpus --------- Custody of minor --------- Principles --------- Locus standi of adoptive parents --------- Mother claimed custody of minor alleging that father of minor had snatched minor from her lawful custody --------- Father took plea that petitioner had no locus standi to file present petition as she had adopted minor from her real sister --------- Validity --------- In the present case, it was only to be seen whether custody of minor with father was proper or illegal --------- Although, custody of minor with father could not be termed as illegal as father was also adoptive parent, but his custody was improper as mother enjoyed right of 'Hazanat' of minor and she was living apart from father of minor --------- As father was living with his first wife, thus it would not be appropriate to send minor in laps of step mother --------- Mother, on the other hand, had not remarried, thus she was able to look after minor properly --------- Real mother of minor stated before court, that minor, since her birth, had been happily living with her sister, petitioner --------- Statement of real mother was sufficient to brush aside contentions of father --------- Father was bound to provide all those facilities to child in the house of mother, which minor had enjoyed while living with him --------- High Court ordered custody of minor to be handed over to mother --------- Petition was allowed accordingly. Naveed Munir v. Additional District and Sessions Judge, Lahore and another 2014 SCMR 1446 and Mst. Nadia Parveen v. Mst. Almas Noreen and others PLD 2012 SC 758 ref. Naveed Munir v. Additional District and Sessions Judge, Lahore and another 2014 SCMR 1446 distinguished. THIS ORDER PASSED BY: SYED MUHAMMAD KAZIM RAZA SHAMSI, JUSTICE:---------- Through the petition in hand, filed under section 491, Cr.P.C., the petitioner Mst. Tahira Parveen submitted that she and her family embraced Islam nine years back and she contracted marriage in accordance with the Muslim rites with respondent No. 2 Pervaiz Jat and adopted baby Kashaf (daughter of her real sister) as…

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