Case Details

Citation(s)
2016 SLG 3000 2016 SLD 3000 2016 SCMR 1287
Supreme Court of Pakistan

GULZAR AHMED AND MANZOOR AHMAD MALIK, JJ
Mian Muhammad Arif, Advocate Supreme Court and Muhammad Ozair Chughtai, Advocate-on-Record (Absent) for Petitioner. Malik Amjad Parvez, Senior Advocate Supreme Court along with minors for
Respondents Nos.2 - 3.

Mst. TANVEER BIBI..........er

VS

SHO POLICE STATION MANDI BAHAUDDIN and others......--Respondents

Law:

Section:

Criminal Procedure Code (V of 1898).......... .......... Section 491..........Habeas corpus petition..........Recovery and custody of minor children..........Mother of minors alleged that their father was working abroad, and in his absence her in-laws turned her out of the house and also snatched the minors..........Minors looked happy and content when they met their mother in court..........Nothing had been stated by the in-laws as to why the mother had to leave the house..........Minors were of tender age and in the absence of their father, who had gone abroad, the mother was legally entitled to their custody, who was living with her father and brother..........Keeping in view the welfare and best interest of the minors their custody was delivered to their mother. ORDER GULZAR AHMED, JUSTICE..........The petitioner had filed a petition under section 491, Cr.P.C. for recovery and custody of her two minor children namely Muhammad Anas, aged about 6 years and Arooj Fatima, aged about 4 years before the High Court. The High Court through the impugned order dated 12.04.2016 did not allow the petition. 2. The petitioner Mst. Tanveer Bibi is married to Basharat Ali, who is the son of respondent No.2 and brother of respondent No.3. Basharat Ali appears to be employed in Saudi Arabia and has left behind the petitioner…
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