Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 491---Habeas corpus petition---Custody of suckling minor---Jurisdiction of High Court and Sessions Court---Scope---Exercise of paternal jurisdiction---Welfare of minor paramount consideration----Mother filed petition for recovery of minor daughter which was in the custody of father---Contention of father was that he had moved an application under S. 25 of Guardians and Wards Act, 1890 and Guardian Court had restrained the mother from illegally snatching the minor from his custody---Validity---Mother filed an application on 18-7-2014 before Sessions Court under S.491, Cr.P.C. wherein Station House Officer was directed to produce the detenue before the court on 19-7-2014 on which father made statement that alleged detenue had gone to place "X" but on the same day detenue was brought before the Guardian Court and interim order was obtained---Mala fide on part of father was on record as he did not produce the detenue before the Sessions Court while making a mis-statement that detenue had gone to place "X"---If minor child was produced before Sessions Court then said court would have been left with no other option but to hand over the custody of a suckling child to her mother---High Court while exercising paternal jurisdiction with regard to the matter of custody of minor/suckling baby was to perform such a legal duty in order to ensure the well being and welfare of a minor child---Order passed by Guardian Court or pendency of petition for custody of minor was no bar on decision of an application under S.491, Cr.P.C. on merits---No substitute of real mother existed and minor girl could be brought up properly by mother only and her custody with anyone except the real mother was improper---High Court and Sessions Court had concurrent jurisdiction under S. 491, Cr.P.C.---Paramount consideration for the court in the matters with regard to custody of minor of tender age would be the welfare of a minor---Deprivation of mother of the custody of infant was neither lawful nor proper nor was in the interest of minor aged one year to be kept away from the lap of her mother as there could be no substitute of it---Constitutional…

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