Law:

Section:

Criminal Procedure Code (V of 1898)--S. 491---Constitution of Pakistan (1973); Art. 185(3)---Habeas corpus petition---Custody of minors---Contentions were that first application under S.491, Cr.P.C. having been dismissed by High Court on the ground that in the matter of custody of minors High Court could not interfere under S. 491, Cr.P.C. as Guardians Court was seized of the matter, second similar application should also have been dismissed by High Court for the same 'reasons and that even now Guardian Court was seized of the matter but High Court instead of passing interim order had finally allowed the application under S. 491, Cr.P.C. by allowing custody of minors to the respondent (mother) and also restored to her passport which could be used by her to leave the country alongwith the minors which could deprive the Guardian Court to decide issue of custody of minors---Leave to appeal was granted to consider the said contentions. Sardar Muhammad Latif Khan Khosa, Advocate Supreme Court for Petitioner. Nemo for Respondent. Date of hearing: 2nd May, 1994. ORDER SAJJAD ALI SHAH, J.---Petitioner and respondent herein are father and mother respectively of two minor girls, for whose production in the Court application under section 491, Cr.P.C. was filed in the Lahore High Court alleging therein that they were illegally and unlawfully detained by the father. After marriage both parties settled in Canada and were divorced. Mother obtained order of custody of minors in her favour from the Canadian Court and according to her, father abducted minors and brought them to Pakistan.…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492