Law:

Section:

(a) Criminal Procedure Code (V of 1898)--S. 491---Restoration of the minor's custody---Where High Court finds that the interest and welfare of the minor demanded that he/she be committed immediately to the. custody of the person who was lawfully holding his/her custody before he was deprived of the custody, it can pass appropriate order under S.491, Cr.P.C. directing restoration of the custody of the minor to that person as an interim measure pending final decision by the Guardian Judge. Muhammad Khalil-ur-Rehman v. Mst. Shabana Rahman and another PLD 1995 SC 633 and Muhammad Javed Umrao v. Miss Uzma Vahid 1988 SCMR 1891 ref. (b) Criminal Procedure Code (v of 1898)--- ----S. 491---Constitution of Pakistan (1073), Art. 185(3)---Custody of minors--­Allegation made by petitioner (father) that the respondent (mother) had, voluntarily returned the custody of the minor children to him on the plea that their maintenance was the responsibility of their father, had been denied by the respondent and her plea was. that after the minors were dropped at the house of the petitioner at his request to meet the grandparents, their custody was never restored to her as promised---Minors were four years and two years old---Order passed by High Court directing restoration of the custody of the minors to the respondent who was their mother could not in circumstances be described as arbitrary exercise of the power under S. 491, Cr.P.C.---High Court while deciding the petition under S. 491, Cr.P.C. wherein Court was only concerned with the question of removal of the minors from the lawful custody of the respondent, should have refrained from making any observation with regard to the right of the parties-to the custody of the minors as this question was already pending adjudication before the Guardian Judge ---Held , any observation made by High Court with regard to merits of the claim of the petitioner or of the respondent in respect of the custody of the two minors would be ignored by the Guardian Judge while dealing with the application under S. 25 of the Guardians and Wards Act, 1890 and would decide the same uninfluenced by High Court's remarks in the impugned ---Petition for…

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