Law: Guardians and Wards Act, 1890

Section: 7

Law: Law Reforms Ordinance, 1972

Section: 3

Law: Family Courts Act, 1964

Section: 5, Schedule

Law: Criminal Procedure Code (V of 1898)

Section: 491

(a) Guardians and Wards Act (VIII of 1890)--- ----S. 7---Criminal Procedure Code (V of 1898), S.491---Law Reforms Ordinance (XII of 1972), S. 3---Infra-court appeal---Custody of minors---Right of Hizanat---Scope---Habeas corpus petition, competency of---Habeas corpus petition filed by mother (respondent) under S.491. Cr.P.C. for the recovery of her minor children was dismissed by court below, against which she filed constitutional petition under Art.199 of the Constitution, which was accepted by the High Court and directions were issued for handing over the custody of three minors to the mother---Contention of father (appellant) was that issue of custody of minors was pending before the Guardian Court because of which High Court had no jurisdiction to entertain constitutional petition filed by the mother, and that educational career of minors would be adversely affected if their custody was handed over to the mother---Validity---Minors were vested with the privilege of Hizanat till age of puberty in the case of female and seven years in the case of male children---Father (appellant) had retained the minors contrary to the rule of Hizanat and his custody was an improper detention of minors in private custody---Habeas Corpus petition of mother under S.491, Cr.P.C. was competent and entertainable---Intra court appeal of father was dismissed in, circumstances. (b) Islamic law--- ----Custody of minor---Bight of Hizanat'---Definition and scope---Word `Hizanat' originates from Hizan, which signifies and denotes love, care and affection directly and constantly needed by a male child up to the age of seven years and a female child till she reached puberty---Care, love and affection undoubtedly play a vibrant and vital role in developing the nature and character of a person and as such Hizanat can safely be termed as a tribute and privilege of a minor assigned and vested in the mother. Islamic law--- ----Custody of minor---Right of Hizanat, termination of---Scope---Bond of Hizan can neither be disrupted nor interrupted by divorce of mother, but may face discontinuity either on remarriage of mother or minor reaching the prescribed age, i. e. seven years for male child and…

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