Law: Criminal Procedure Code (V of 1898)

Section: 491

Criminal Procedure Code (V of 1898)--- ----S. 491---Habeas corpus petition---Resumption of custody of minors---Police Officer had admitted that he had obtained the custody of the three minor children from their mother (petitioner) and handed over them to their father (respondent) and that he had no jurisdiction to do so---No police officer of any rank was competent to hand over the custody of any minor child from one spouse to the other without the intervention of Court---Such actions taken by police officers were not only violative of law, but were also devoid of any legal ethics and human rights---Petitioner being entitled to get back the custody of her aforesaid three minor children, they were handed over to her in the presence of the respondent who could move the Court concerned to obtain their custody if so advised---Petition was disposed of accordingly with the direction to the police officer to pay an amount of. Rs.2,000 to the petitioner as compensation. Muhammad Ramzan Khalid for Petitioner. Khadim Nadim Malik, Addl. A.-G. for Respondents Sardar Tariq Sher Khan for Respondent No.2 Date of hearing: 1 lth March, 1999.  JUDGMENT ??????????? Mst. Fakhar-un-Nisa petitioner was married to Masood Shah respondent No.2. Unfortunately the relations between the spouses became strained and both of them are living separate from each other. Mst. Fakhar-unNisa is living with her parents who filed this petition under section 491 of the Code of Criminal Procedure for the recovery of her daughter Rida Zahra aged 8 years and her sons Mudassir aged 5 years and Muzammil aged 3 years from the custody of her husband Masood Shah respondent No.2. ?????????? 2. The assertion of the petitioner is that with the help of one Imdad Shah, A.S.I. posted in Police Station Jatoi as well as Pir Bakhsh Constable posted in Police Station Jatoi her minor issues were removed from her custody and were handed over to Masood Shah respondent No.2. She has made the allegation that she was forcibly removed from her house and was let off afterwards when she was .deprived of the custody of the minors. ???????? 3. Taking it to be a serious matter as the police officer is not competent to remove…