Law:

Section:

Constitution of Pakistan--- ----Art. 199---Constitutional petition seeking issuance of a writ in the nature of habeas corpus in case of custody of minor---High Court, in the exercise of its extraordinary constitutional jurisdiction, normally does not go into disputed question of facts and declines holding a detailed inquiry---High Court, in its inherent jurisdiction, can and does pass order in the welfare and best interest of the minor---Where a minor was of tender/suckling age, in the absence of her mother (who had died), the maternal grandmother had a preferential right to the minor's custody. Section 353 of D.F. Mulla's Principles of Mohemedan Law and Mst. Khalida Parveen v. Sultan Mahmood and others PLD 2004 SC 1 ref. ORDER MAMOON RASHID SHEIKH, J.--The brief facts giving rise to this petition are to the effect that the petitioner was married to one Mst. Parveen Akhtar about 3-1/2 years back. Out of this wedlock a daughter was born who is now aged about 2 years (i.e. the alleged detenue and hereinafter referred to as "the minor"). The said Mst. Parveen Akhtar was the daughter of respondents Nos. 1 and 2. She died about a year back. The minor had been in the custody of the petitioner, even after the death of Mst. Parveen Akhtar i.e. the minor's mother. On 1-6-2010 the minor was forcibly removed from the custody of the petitioner by respondent No.1 some time in the evening. Respondents Nos. 1 and 2 thereafter filed a suit for permanent injunction against the petitioner and obtained an ad interim injunction restraining the petitioner from removing the minor from their custody. A suit for recovery of the minor's Maintenance has also been filed against the petitioner by the minor with respondent No.2 as her next friend. Feeling aggrieved the petitioner filed a petition under section 491 of the Cr.P.C. before the learned Sessions Judge, Jhang, for production and handing over of the minor to the petitioner from the alleged illegal custody of respondents Nos. 1 and 2. The said petition was dismissed through order dated 11-6-2010, hence, this petition. 2. Through order dated 28-6-2010 respondent No.3/S.H.O. Police Station Sadar Jhang, was directed to recover and…

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