Law: Criminal Procedure Code (V of 1898)

Section: 491

Law: Guardians and Wards Act, 1890

Section: 25

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 491--Guardians and Wards Act, 1890, S. 25--Right of hazant--Custody of minor--Allegation of illegal and improper detention of minor--It is true that a Guardian Court is final arbitrator to adjudicate upon question of custody of a child but this does not mean that where a parent is holding custody of a minor, lawfully and is deprived of such custody, such parent cannot seek remedy to; regain custody while matter is sub judice before a Guardian Court--High Court, in exercise of its power under Section 491 Cr.P.C, has to exercise parental jurisdiction and is not precluded, in any circumstance, from giving due consideration to welfare of minor and to ensure that no, harm or damage comes to him physically or emotionally by reason of breakdown of family tie between parents--In light of above discussion, instant petition is allowed and custody of minor/namely aged about 2 years, is ordered to be handed over to petitioner--Petition allowed. 2018 SCMR 427, ref. THIS ORDER PASSED BY: SADIQ MAHMUD KHURRAM, JUSTICE---.--- Minor detenue, namely, Muhammad Hassan alias Abdul Rehman (aged about 2 years), has been produced before the Court by Respondent No.3 namely Muhammad Asif Hanif, his father. 2. This petition has been filed by the petitioner regarding the alleged illegal and improper detention of her minor son named above by the Respondent No. 3. The petitioner is the real mother of the minor and keeping in view the age of the minor the first right of hazanat regarding custody of minor lies with the petitioner. As per contents of this petition, the minor was snatched from the custody of the petitioner by the Respondent No. 3 on 01.02.2019. The petitioner has also appended her affidavit alongwith the present petition regarding the correctness of the contents of this petition. No counter affidavit has been filed by Muhammad Asif Hanif Respondent No.3 so as to challenge the contents of the affidavit. Marriage between the parties is still intact which, prima facie, shows that there is nothing adverse against the petitioner to deprive her from the custody of her minor children. The petitioner is living with her parents. Learned…

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