Law: Constitution of Pakistan, 1973

Section: 199

Law: Criminal Procedure Code (V of 1898)

Section: 491

Constitution of Pakistan--- ----Art. 199--Constitutional petition---Custody of minor---Jurisdiction of High Court to allow temporary custody of minor alleged to be in forced custody---Scope---Welfare of minor (daughter)---Scope---Minor daughter remained with father for over a year, however, Sessions Court granted custody to mother on her application---Petitioner/father contended that Sessions Court was not empowered to determine issue of temporary custody of the minor, pending final determination by the Guardian Court---Respondent/mother contended that she was forcibly thrown out from her marital home by the petitioner and the minor was forcibly detained by him----Record revealed that father had already filed appelication for guardianship before the concerned Guardian Court---Court of competent jurisdiction seized of the matter was to render determination upon the said issue---Sessions Court had expressed that the rights of the petitioner with regard to the custody of the minor, would be determined by the Guardian Court---Sessions Court had attached certain conditions with impugned order, including the requirement of deposit of bond and the direction that person of minor could not be removed from the district, which showed that impugned order had been passed keeping in view the paramount interest of the minor---No illegality or infirmity had been noticed in the impugned order passed by the Court below---Constitutional petition was dismissed accordingly. THIS ORDER PASSED BY: AGHA FAISAL, J.--- The present petition has been filed against the impugned order dated 15.11.2017 (hereinafter referred to as the "Impugned Order"), passed by the learned Sessions Judge, Hyderabad, in Criminal Miscellaneous Application No.328 of 2017, filed under Section 491, Cr.P.C. The relevant portion of the Impugned Order is reproduced herein below: "It is settled principle of law that paramount consideration being welfare of the minors the applicant being real mother is entitled to the custody of her minor daughter and she had been unlawfully snatched from the custody of applicant. Minor being in custody of Opponent No.1 for about one year, possibility of her brain wash or harassment…

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