Law: Criminal Procedure Code (V of 1898)

Section: 491

Criminal Procedure Code (V of 1898)--- ----S. 491---Habeas corpus petition---Custody of minor---Scope (divorcee mother), sought recovery of her minor daughter---Validity---Parties though were having different stance with regard to the manner of change of custody of minor yet there was no denial to the fact that one month prior to the date of filing petition under S.491, Cr.P.C., minor had not been residing with her father and she was not being maintained by him for the last four years---Contention of respondent (father) that brother of petitioner (mother) with the consent of their mother had handed over the minor to the respondent (father); even if taken as true, could not entitle the father to retain custody when mother of the minor was not willing to hand her over---Father had the right to approach the court of competent jurisdiction (Guardian Court) for the custody of minor---Constitutional petition was allowed and interim custody of minor was handed over to the petitioner, in circumstances. ORDER SYED SHAHBAZ ALI RIZVI, J. before me is a mother seeking recovery of her minor daughter Mst. Sana Fatima from the alleged improper or illegal custody of respondents Nos.4 to 8. Before approaching this Court through the constitutional petition in hand, she filed a petition under section 491 of the Code of Criminal Procedure, 1898 before the learned Additional Sessions Judge, Jhang who dismissed the same on 02.01.2020. In pursuance to a notice issued to respondent No.5, he has produced the minor. 2. Arguments heard. File perused. 3. Petitioner was divorced by respondent No.5 in the year 2015 when minor Mst. Sana Fatima was just a three months suckling baby. Having been divorced, the petitioner filed a suit for recovery of maintenance allowance of the minor against the said respondent which was decreed in her favour on 23.02.2017 but respondent No.5 avoided the process of law and instead of fulfilling his moral and legal responsibility of…

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