Law: Guardian and Wards Act (VIII of 1890)

Section: 25 , 491

Law: Muhammadan Law

Section:

P L D 1993 Lahore 362   Guardians and Wards Act (VIII of 1890)--- S. 25 --- Criminal Procedure Code (V of 1898), S.491 --- Constitution of Pakistan (1973), Art.199 --- Custody of minor --- Ordinarily, provisions of S.491, Criminal Procedure Code, 1898 or those of Art. 199 of the Constitution are not available for determining question of guardianship of a minor or for declaring suitability of a person for having custody of a minor, but in special circumstances of a case, initiation of these proceedings would be justified- - High Court would not hesitate to afford the genuinely aggrieved party 'immediate relief, in exercise of its extraordinary jurisdiction. Muhammad Javed Umarao v. Miss Uzma Wahid 1988 SCMR 1891; Shabbir Hussain v. Mst. Shahnaz Parveen and another 1989 PCr.LJ 1689 and Mst. Tauqir Fatima v. Iqbal Mchdi Shah and another 1990 PCr.LJ 342 ref. Muhammadan Law --- ---- Hizanat --- No mother, howsoever indifferent or callous she might be, can hear the sight of her suckling baby living apart from her; or to abandon her baby I voluntarily, while leaving, or on being ousted from the house of her husband --- Justified inference would be that such mother was being ill-treated and was made to stage exit from the house of her in-laws, on being divested of her minor son, whose custody that was assumed illegally or wrongfully by the father --- No one can substitute for a mother who alone at that tender age can look after and rear up the child, especially when father was not an affluent person and had not claimed to be having any other female member of family in the house. Guardians and Wards Act (VII I of 1890)--- ---- S. 25 --- Criminal Procedure Code (V of 1898), S. 491 --- Constitution of Pakistan (1973), Art. 199 --- Custody of suckling child --- Normally, a suckling child of about -6 months has to be with his/he mother, so that he or she was properly nourished and brought up --- If mother had approached the Guardian Judge, proceedings there, being snail paced would have failed to yield the requisite relief and then it would be too late before she had succeeded in securing custody of her minor child in vital interest of well-being of such minor ---…