Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 491---Alleged detenu, who was suffering from a serious brain disorder and was in a vegetative condition and no specific medical treatment was stated to be available in Pakistan or abroad to cure his condition was living with his second wife who had been caring for him in his presently critical condition since his cerebral haemorrhage four months back---Son of the alleged detenu from his first marriage sought his custody through an application---Central question, in the present case, was whether the alleged detenu was in illegal custody of his second wife and collateral points were the children of the alleged detenu from his first marriage had a superior "right to his custody and in any event whether they had a right to access to the alleged detenu---Alleged detenu was unable to express any preference as to which family should care for him---Court must, therefore, arrive at its finding about the best means of safeguarding the rights of the alleged detenu by drawing its inference from surrounding circumstances so as to make relief workable in the peculiar circumstances of the case until a definitive opinion was given in the matter by a competent court---Held, alleged detenu was living voluntarily with the second wife at the time of his cerebral accident four months ago---Second wife had cared for him bravely against logistical odds and financial constraint---Custody of alleged detenu, in circumstances, could not be termed as hostile, forcible or illegal and his second wife held his lawful custody---Son from his first marriage and his family had a right to visit and care for the alleged detenu---High Court ordered that during the day-time the son and immediate family members of the alleged detenu may visit the latter to provide personal and nursing care for him---By consent of both the counsel, High Court further directed that pursuant to the advice given by the second consultant, the alleged detenu shall be admitted to the clinic for further tests prescribed in order to assess whether any additional medical treatment for his condition was available and possible---Costs of such treatment shall be borne by the…

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