Law: Criminal Procedure Code (V of 1898)

Section: 491

(a) Criminal Procedure Code (V of 1898)--- ----S. 491---Habeas corpus petition---Custody of minor---'Illegal or improper' custody---Snatching of minor to be an incident of recent past---Lack of urgency---Welfare of minor---- Scope---Petitioner/ maternal grandmother assailed order of Sessions Judge whereby he had temporarily handed over the custody of minor to father---Express reference in the said order was made to earlier passed by Guardian Judge, whereby the petitioner's application for appointment as guardian was dismissed---No specific order regarding minor's custody was, however, passed by Guardian Judge---Validity---Ever since minor was six days of age, her custody had been with petitioner (maternal grandmother)---Nothing was available on record to suggest that minor's upbringing by the petitioner was wanting or deficient in any manner---Father had admitted in proceedings before Guardian Judge that just seven months prior to the recording of his evidence, he had returned from abroad---Minor was cared for by the petitioner/her maternal grandmother for eight long years---Minor could not be said to have lived in 'illegal or improper' custody---Minor was not snatched by the petitioner from her father in the recent past and since there was no urgency in the matter due to the fact that minor had remained in her grandmother's custody for eight years---Ingredients for the exercise of jurisdiction under S. 491, Cr.P.C. lacked in the case---Ever since passing of impugned order (nine months ago), minor had been in her father's custody and had been admitted to school---Petitioner resided in different District and if minor's custody was returned to the petitioner, she would be pulled out from her school and re-admitted to her earlier school---Minor's welfare and interest would not be best served if that were to happen---High Court turned down the prayer for handing over custody of minor to the petitioner/grandmother---Petition was disposed of accordingly. Mst. Nadia Perveen v. Mst. Almas Noreen PLD 2012 SC 758; Shazia Akbar Ghalzai v. Khurram Mehboob 2019 SCMR 116; Mah Rukh Bajwa v. Aftab Alam 2008 MLD 751; Irshad Bibi v. District Police Officer 2019 PCr.LJ 436 and…

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