Law: Code of Criminal Procedure (CrPC), 1898

Section: 491

Law: Constitution of Pakistan, 1973

Section: 199

  Criminal Procedure Code, 1898 (V of 1898)------S. 491--Constitution of Pakistan, 1973, Art. 199--Snatching of minors--Illegal and improper custody--Constitutional petition--High Court was not inclined to declare that minors had been snatched forcibly by anyone of parent from other or custody of said parent as illegal and improper which requires determination of disputed facts not permissible in Constitutional jurisdiction of High Court, lest it may prejudice rights of parties before Guardian Court where proceedings for custody of minors are pending--High Court had refrain itself to pass any order relating to custody of minors--However, in interest of justice, in order to further regulate proceedings in matter certain observations were recorded hereunder which parties should be bound to observe:(i) The father shall not remove detenues from jurisdiction of learned Guardian Court without its permission, and in case Respondent No. 3 or anybody else on his behalf tries to remove detenues outside Pakistan, petitioner shall be at liberty to file an application or orally request concerned authorities not to allow Respondent No. 3 to remove detenues from Pakistan, upon which said authorities would not allow detenues to leave Pakistan without permission of learned Guardian Court.(ii) With consent of parties, date of hearing before Guardian Court fixed for 17.01.2025 is changed to 04.01.2025 where parties have been bound to appear at 10:00 a.m. and said Court shall requisition file of case and hear both parties and proceed further in matter in accordance with law--The Guardian Court shall pass appropriate orders regarding temporary custody of detenues on merits of case without being prejudiced by any observation recorded by this Court.(iii) The petitioner seeks a direction against Respondent No. 3 to surrender passport of detenues before this Court, however, as this Court is disposing of matter for appearing before Guardian Court, petitioner should be at liberty to file an application for making aforementioned request before learned Guardian Court which, if filed, shall pass appropriate orders on same on its own merits in accordance with law.(iv) The Law…