Law: Constitution of Pakistan, 1973

Section: 199

Law: Criminal Procedure Code (V of 1898)

Section: 491

Constitution of Pakistan, 1973-- ----Art. 199--Criminal Procedure Code, 1898, S. 491--Constitutional petition--Death of detenue, mother--Prefuntional right of hizanat--Immediate snatching--Exercising of paternal jurisdiction--Challenge to--It is settled law that after demise of real mother, maternal grandmother has preferential right of hizanat under Mohammadan Law--It is admitted by counsel for petitioner that after demise of real mother, minor detenue is living with her maternal grandmother, meaning thereby, it is not a case of immediate snatching--It is not possible in these circumstances to detach or decamp said minor detenue from custody of her real maternal grandmother because it would amounts to disturb her normal life--High Court while exercising its parental jurisdiction feels no interference into custody of alleged detenue--He is ordered to be remained in custody of her real maternal grandmother being father of minor has remedy to get interim as well as permanent custody of his minor son by filing guardian petition in accordance with law--Petition disposed of. ORDER In compliance of this Courts order dated 15.03.2021, minor detenue namely Muhammad Ahmad (Muhammad Arham) aged about 1.1/2 years has been produced before this Court by her maternal grandmother. The alleged detenue seems to be very tender age. The real mother of the detenue has died and since then, she is living with her maternal grandmother. It is settled law that after the demise of real mother, maternal grandmother has the preferential right of hizanat under the Mohammadan Law. 2. It has been held by the Honble Supreme Court of Pakistan in case titled Mst. Nadia Parveen vs. Mst. Almas Noreen and others” (PLD 2012 Supreme Court 758) that “Matter of custody of minor children can be brought before a High Court under Section 491, Cr.P.C. only if the children are of…

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