Law: Criminal Procedure Code (V of 1898)

Section: 491

Criminal Procedure Code (V of 1898)--- ----S. 491---Guardians and Wards Act (VIII of 1890), S. 25---Habeas Corpus petition---Custody of minor---Interim custody--- Scope--- Petitioner/mother sought production of alleged detenue/ minor from the unlawful custody of minor's father---Minor who was of tender age needed constant care of mother and it is a universal truth that there cannot be any substitute for a mother and that the lap of mother is God's own cradle for a child---Custody of minor with the father was improper, if not illegal---High Court on account of an interim measure can grant custody of minor to his/her lawful guardian even if a case is pending in the Guardian Court---Petition was accepted and the custody of the minor was handed over to the mother. Mst. Zarmeen v. Dr. Omer Mahayud-din Shekh and others 2013 MLD 1640 rel. PLD 2012 SC 758; 1996 CLC 1; PLD 2008 Kar. 198; 2016 MLD 801; 2016 MLD 1061; 2019 MLD 1502; 2020 YLR Note 6 and 2020 YLR 401 distinguished. ORDER SARDAR MUHAMMD EJAZ KHAN, J.---The captioned habeas corpus petition has been filed under Section 491 of Criminal Procedure Code for pro-duction of alleged detenu, Parishy Eshal ( ) from unlawful custody of respondent No.4. 2. On 09.03.2023 respondents Nos.2 and 3 were directed to produce the alleged detenu before the Court to observe that the alleged detenu is in improper custody of respondent No.4 or not? 3. Today, the alleged detenu, Parishy Eshal ( ) has been brought before the Court by Mujeeb Alam Head Constable No.322 Police Station, Kolti, who is minor, having age of 4-1/2 year. It looks proper to provide short time to the parties to reach at their mutual decision for which time was provided but they failed to reach any unanimous decision, therefore, the learned counsel for the parties were directed to argue the case. 4. The learned counsel for the petitioner, more or less, reiterated grounds of petition, which have sufficiently been reiterated in pre-paras, hence, there is no need to discuss here in black and white. 5. The learned counsel for respondent No.4 filed objections upon the petition filed by the petitioner and vehemently controverted the arguments of the learned counsel for…

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