Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 491---Constitution of Pakistan (1973), Art.199---Constitutional petition---Habeas corpus petition---Respondent filed application under S.491, Cr.P.C. against the petitioner alleging that female minor was in illegal and unlawful custody with the petitioner and her custody should be handed over to respondent---Said application had been decided in favour of respondent---Validity---Relationship of the petitioner as husband of respondent was not disputed---Petitioner being father of minor could be natural guardian, but according to Islamic Law respondent being mother of female minor was entitled for the custody of minor---In absence of any illegality or irregularity in the order of the court below, petition against said order was dismissed. Naziha Ghazali v. The State and another 2001 SCMR 1782; Mst. Khalida Parveen v. Muhammad Sultan Mehmood and another PLD 2004 (sic) 1 and Razia Rehman v. S.H.O. and others PLD 2006 SC 533 rel. Ms. Shamim Akhtar for Petitioner. Saathi Ishaque for Respondent No.2. ORDER GHULAM SARWAR KORAI, J.---In the present petition, .the petitioner has prayed as under: (a) That the petition, therefore prayed that the R & P of Habeas Corpus Petition under section, 491, Cr.P.C. may please be called from the Court of honourable District and Sessions Judge, at Karachi (Malir) and after hearing the parties the impugned order dated 20-1-2010 may please be set aside in the interest of justice. (b) Any other relief/reliefs deem fit and proper by this humble Court may also be awarded in favour of the petitioner; The petitioner married with the respondent No.2 in the year 1989 and from this wedlock two children were born namely (1) Syed Rehmatullah Sayed and baby Ramsha aged about 12 years and 9 months, 8 years 9 months respectively, but unfortunately due to some differences, the marriage in between the parties came to end on 19-10-2001 by virtue of Talaq. Due to interference of the well-wishers of the parties petitioner and respondent No.2 remarry on 17-10-2008 in accordance with Sunny Muslim Law at Karachi, but again started residing separately, though their Nikah is intact. On 23-12-2009, respondent…