Law:

Section:

Constitution of Pakistan--- ----Art.199---Criminal Procedure Code (V of 1898), 491---Constitutional petition---Application for issuance of writ in the nature of Habeas Corpus---Dismissal of application---Father of the minors died and they were in the custody of the petitioner being their mother---Application filed by the petitioner/mother under the Guardians and Wards Act, 1890 for appointment as guardian of the person and property of the minors, was allowed by the Guardian Judge---Petitioner filed application under S.491, Cr.P.C. alleging that respondents who were maternal grand father and maternal uncle, respectively of the minors, had abducted the minors---Said application having been dismissed by the Trial Court, petitioner had filed constitutional petition---Respondent/ alleged abductors, had stated that minors had been in their custody since the death of the father of the minors and had called into question the character of the petitioner and had levelled serious allegations against the petitioner---All minors who were intelligent, well-behaved and mature, not only mentally, but also physically, also repeated the allegations against their mother about her moral character---Minors had been living with their maternal relatives since the death of their father and had absolutely refused to reside with their mother---Petitioner/ mother could not establish with exactitude as to when the minors were removed from her custody---High Court, normally in constitutional petitions including those seeking a writ of Habeas Corpus, High Court would not go into factual controversies nor a detailed inquiry was held; in such like cases, High Court, could pass an order using its inherent jurisdiction in the largest interest and welfare of the minors---High Court could not interfere in the matter in its extraordinary constitutional jurisdiction especially when matter was sub judice before Guardian Judge. Mst. Naziran Bibi v. Additional District Judge, Mianwali and 2 others 2006 MLD 493; Mst. Rehana v. Arshad Khan and 2 others 1991 MLD 1395; Mst. Nasim Akhtar v. Qazi Muhammad Zubair 1992 MLD 70; Musarrat Waris v. Muhammad Afsar Khan and 4 others 2006 MLD 231; Ms. Louise Anne…

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