Law:

Section:

Criminal Procedure Code (V of 1898)- -- S. 491-Habeas corpus-Stranger filing petition under S. 491 alleg­ing unlawful detention of a woman and her minor children by her step-brothers and others, such persons wishing to grab property inherited by detenus only recently-Woman testifying to her unlawful detention and wishing to go with petitioner-Woman being sui juris and a widow, ordered by High Court to accompany such person but ordering minor children to be lodged in Darul Aman at their mother's expense pending order of Guardian Judge as to custody of minors-Contention that mother being natural guardian of minors, entitled to their custody, held, not sound in circumstances of case­ Woman allegedly on illicit terms with petitioner and willing to give her daughter, 11/12 years old to petitioner, allegations required investigation-Proper course for appellant : to move Guardian Judge for custody of minors, such Judge having to decide whether minors to be given in custody of mother in their own interests.-[Habeas corpus-- Custody of minor]. ORDER WAHEEDUDDIN AHMAD, J.--Leave was granted in this case on 10-11-75 to consider the question whether the High Court having regard to the scope of proceedings under section 491, Cr. P. C. was competent to deprive Mst. Shahzad Bibi the appellant of the custody of her minor children who was, in the absence of any guardian appointed by the Court, their natural guardian. Briefly the facts leading to the present appeal are that one Muhammad Bakhsh deceased was owner of considerable landed property-. Mst. Shalizad Bibi and Mst. Sat Bhari were his two wives. He died and was survived by Mst. Shahzad Bibi, his wife, two daughters Mst. Nusrat Bibi aged 11/12 years (minor), Mst. Riaz Bibi aged 7/8 years (minor) and one son Ghulam Babu aged 5/6 years (minor) from her. He had also another wife namely Mst. Sat Bhari. She had a daughter from the deceased. It appears that there was dispute between Mst. Shahzad Bibl and Mst. Sat Bhari and their relations were not good. One Mohammad Afzal, who is a stranger to the family, alleged that Mst. Shahzad Bibi and her minor children were kept in unlawful custody by her step-brothers, and certain other…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492