Law: Constitution of Pakistan, 1973

Section: 199(1)(b)(i)

Law: Guardians and Wards Act, 1890

Section: 7,25

(a) Constitution of Pakistan--- ----Art. 199(1)(b)(i)---Hebeas corpus, writ of---Scope---Invocation and passing of the writ of habeas corpus is subject to the satisfaction of the High Court that no adequate remedy is provided by the law. (b) Constitution of Pakistan--- ----Art. 199(1)(b)(i)---Guardians and Wards Act (VIII of 1890), Ss. 7 & 25---Habeas corpus, writ of---Scope---Custody of minor---Whatever the inter se relations between the parents may be, the purpose of a writ of habeas corpus when it comes to the production of a child is to ensure that the child is, at any given moment, capable of being produced before a Court of law---However, there can be no question that a writ of habeas corpus is not to be issued as a matter of course, particularly when the writ is sought against a parent for the custody of a child---Clear grounds must be made out and the writ must only be issued in favour of a person who is entitled to custody of the child---Issuing of such a writ is subject to the satisfaction of the High Court that a minor is not being held in custody without lawful authority or in an unlawful manner---Before issuing writ of habeas corpus the High Court should be satisfied that seeking remedy under the Guardians and Wards Act, 1890, or any other law for the time being in force, would not be an adequate remedy; that the production of the child before the High Court is in the best interests of the child/minor; and, that handing over custody of the minor/child to the person petitioning the High Court is in the best interests of the child/minor. Dushyant Somal v. Sushma Somal AIR 1981 SC 1026 ref. (c) Guardians and Wards Act (VIII of 1890)--- ----Ss. 7 & 25---Constitution of Pakistan, Art. 199(1)(b)(i)---Hebeas corpus petition---Maintainability---Alternate remedy, availability of---Incompetently filed petition---Interim custody of minor girl restored to mother---Mother contracting second marriage---High Court awarding custody of minor girl to paternal grandmother as an interim arrangement after mother contracted second marriage---Legality---Grandmother, no matter the love she may have for her grandchildren, is not the parent of a child for the purposes of…

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