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MST. MOOMAL versus JUMO SALARO MIR KHAN


Criminal Code of Conduct (CCPC) Section 491 Habitat Corpus Applicant, the mother of two minor children, in her petition under section 491, alleged that the CRPC had allegedly abused the father of the minor children. The accused was illegally imprisoned and held in custody. Wrongful custody against the wishes of the minors and the minors of the mother, who were presented to the court in compliance with the court's orders, the court inquired about how to place them by their father. Both minors said that their father was against their wishes and despite his pleas he was not allowing them to go to his mother / applicant minor. He also said his father / defendant had been threatening him and on several occasions had pointed a gun and hatchet at him that if he ever did go to his mother, he would kill her. Such statement by the juveniles in open court was not denied by the defendant, not with his mother and his father. In view of the statements of the minors in open court, it can be concluded that although the father of the minor was not illegally detaining them, he was illegally keeping them in his home and the two minors were banned. Illegitimate, cruel and not in the best interests of two minors, and thus the welfare and proper upbringing of minor children will be adversely affected. The High Court has granted the petition of the minor's mother and the petitioner / mother to allow the minor to seek their welfare.

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