Law: Guardians and Wards Act (VIII of 1890)

Section: 25 , 491

Guardians and Wards Act (VIII of 1890).. ---S.25---Criminal Procedure Code (V of 1898), S. 491---Interim custody of minor can be given to the mother in exercise of powers under S. 491, Cr.P.C.-- Contention that Guardian Court has the exclusive jurisdiction to deal with the custody matter under S.25, Guardians and Wards Act, 1891 and that powers under S. 491, Cr.P.C. in that behalf cannot be exercised by High Court was repelled---Grant or refusal of custody of minors under S.491, Cr.P.C. being always temporary in nature same shall be subject to the elaborate decision by the Guardian Court as to where lies the welfare of the minor. Interim custody of the minors while keeping their welfare in view can certainly be handed over to the mother in exercise of powers under section 491, Cr.P.C. The contention that the Guardian Court has the exclusive jurisdiction to deal with the custody matter under section 25 of the Guardians and Wards Act, and that powers under section 491, Cr.P.C. in that behalf cannot be exercised b3, this Court is wholly devoid of force. The two provisions proceed independently to meet different situations. If the facts and circumstances of a particular case warrant immediate action, provisions of section 491, Cr.P.C. can be pressed into service for grant of a quick and speedy relief to an aggrieved person within the shortest possible time. Section 491, Cr.P.C. is itself a complete. Code. The provisions of section 491, Cr.P.C. do not run counter to the provisions of section 25 of the Guardians and Wards Act. The grant or refusal of custody of minors to the petitioners under section 491, Cr.P.C. is always temporary in nature and shall always be subject to the elaborate decision by the Guardian Court. In depth probe has to be conducted by the Guardian Courts on the basis of evidence of the parties as to where lies the welfare of the minors in appropriate proceedings under the Guardians and Wards Act. Muhammad Javed Umrao v. Miss Uzma Vahid 1988 S C M R 1891 foll. Mansoor-ur-Rehman Khab Afridi for Petitioner. Sh. M. Asad Ullah for Respondents. ORDER Mst. Shahnaz Kausar has moved this petition under section 491 Cr.P.C. for the recovery and production…