Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 491---Guardians and Wards Act (VII of 1890), S.12---Habeas corpus petition before the High Court for recovery of minors---Scope---Conditions. Matter of custody of minor children can be brought before a High Court under section 491, Cr.P.C. only if the children are of very tender ages they have quite recently been snatched away from lawful custody and there is a real urgency in the matter. In such a case the High Court may only regulate interim custody of the children leaving the matter of final custody to be determined by a Guardian Judge. Muhammad Javed Umrao v. Miss Uzma Vahid 1988 SCMR 1891; Nisar Muhammad and another v. Sultan Zari PLD 1997 SC 852; Mst. Khalida Perveen v. Muhammad Sultan Mehmood and another PLD 2004 SC 1 and Naziha Ghazali v. The State and another 2001 SCMR 1782 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 491---Guardians and Wards Act (VII of 1890), S.12---Habeas corpus petition before the High Court for recovery of minors---Jurisdiction of High Court---Scope. Jurisdiction of a High Court under section 491, Cr.P.C. for recovery of minors, is to be exercised, sparingly and such exercise may be undertaken only in exceptional and extraordinary cases of real urgency keeping in view that even a Guardian Judge has the requisite powers of recovery of minors and regulating their interim custody. Muhammad Javed Umrao v. Miss Uzma Vahid 1988 SCMR 1891; Nisar Muhammad and another v. Sultan Zari PLD 1997 SC 852; Mst. Khalida Perveen v. Muhammad Sultan Mehmood and another PLD 2004 SC 1 and Naziha Ghazali v. The State and another 2001 SCMR 1782 ref. (c) Criminal Procedure Code (V of 1898)--- ----S. 491---Constitution of Pakistan, Art.185(3)---Habeas corpus petition before the High Court for recovery of minors---Said petition was dismissed by the High Court on the ground that the mother (petitioner) had left her children on her own and they were not removed from her custody, therefore, it could not be said that the children were being illegally detained by the respondent---Validity---Children in the present case, were neither of very tender ages nor had they been snatched away from their mother…

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