Law:

Section:

Tag Line: In habeas corpus petition the Court may recover custody of the minor children from one parent and hand the same over to other parent but said jurisdiction is summary in character and neither controversies are tried nor entire evidence is recorded under ordinary substantive and procedural laws under civil and criminal jurisdiction and such a jurisdiction being extraordinary in its very nature should be sparingly used because the plenary jurisdiction in the matter rests under other laws in other forums of special jurisdiction who should normally be allowed to exercise it in accordance with law.

ORDER;          

 Through this constitutional petition, the petitioner seeks recovery of her daughter namely Mirha Fahad aged about 06 years and son Ismail Fahad aged about 08 years (herein after called the detenues) from alleged illegal and improper custody of respondent Nos. 3 and 4 who respectively are father and paternal uncle of the detenues.