Law: Criminal Procedure Code (V of 1898)

Section: 491

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 491--Illegal or improper detention of minor children--Custody of minors--Application of--Right of Hazanat--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 minors and to ensure that no harm or damage comes to them physically or emotionally by reason of breakdown of family tie between parents--Instant petition is allowed and custody of minors is ordered to be handed over to petitioner--Petition was allowed. 2018 SCMR 427, ref. THIS ORDER PASSED BY: SADIQ MAHMUD KHURRAM, JUSTICE---.--- 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 alongwith Respondents No. 3 to 4 on 25.01.2019. 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 Akhtar, Respondent No. 2 so as to challenge the contents of the affidavit. Marriage between the parties is not intact however there is nothing adverse against the petitioner to deprive her from the custody of her minor children. The Court has inquired from Muhammad Farhan…

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