Law: Criminal Procedure Code, 1898

Section: 491

Criminal Procedure Code (V of 1898) S. 491 Habeas corpusDetenu, a minor girl, living. with uncle and desirous to go and live with himDetenu produced m Court from custody of uncleExtent of uncle's influence not knownDetenu a minor and deprived of her education during stay with uncleMother, held, entitled to her custody, in circumstances of case.[Custody of minor].                                                                                                                       JUDGMENT AGHA ALI HYDER, C. J.The petitioner was married to one Abdul Ghani some eighteen years ago, and of late there was a divorce. Mst. Rashida Parveen is an offspring from the said union. There are some other children also, and all the minor children are living with the mother. The allegation in the petition was that the alleged detenu was living with her mother at Rawalpindi, when she was forcibly kidnapped from there some three months ago. The petitioner had lodged a report with the police authorities, but they did not evince any interest in the matter, and, after . hectic search, she had located the girl with the respondent at Karachi. It appears that she had also been to a local police station, but nothing happened there. There was produced in Court, as directed and her statement had been recorded. It appears…