Law: Criminal Procedure Code (V of 1898)

Section: 491

Law: Guardians and Wards Act, 1890

Section: 25

(a) Criminal Procedure Code (V of 1898)--- ----S. 491---Habeas corpus petition---Custody of minors---Non-filing of counter-affidavit--- Effect--- Petitioner/ mother alleged that minors were snatched from her custody by their father---Petitioner had appended her affidavit along with the petition regarding correctness of contents---Respondent/father of minors had not filed counter affidavit to challenge the contents of the affidavit---Minor, aged 10 years, stated before the court that he worked at a motorcycle shop and did not go to school---Held, minor was deprived of motherly love and father had got the minor employed at a motorcycle workshop---Petition was allowed and custody of minors was handed over to the mother, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 491---Habeas corpus petition---Custody of minors--- Parental jurisdiction--- Scope--- Welfare of minors---High Court, in such like case, while exercising of its powers under S.491, Cr.P.C. has to exercise parental jurisdiction and is not precluded in any circumstance from giving due consideration to the welfare of the minors and to ensure that no harm or damage comes to them physically or emotionally by reason of breakdown of the family tie between the parents. Mirjam Aberras Lehdeaho v. Station House Officer, Police Station Chung, Lahore and others 2018 SCMR 427 ref. THIS ORDER PASSED BY: SADIQ MAHMUD KHURRAM, J.--- Minor detenues, namely, Moqaddas Bibi (aged about six years), Muhammad Arslan (aged about 7 years) and Muhammad Farhan (aged about 10 years) have been produced before the Court by respondent No.2 namely Muhammad Akhtar, their father. 2. This petition has been filed by the petitioner regarding the alleged illegal and improper detention of her minor children named above by the respondent No.2. The petitioner is the real mother of the minors and keeping in view the ages of the minors the first right of hazanat, regarding custody of minors, lies with the petitioner. As per contents of this petition, the minors were snatched from the custody of the petitioner by the respondent No. 2 along with respondents Nos.3 to 4 on 25.01.2019. The petitioner has also appended her…

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