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MST. SHAZIA SHARIF versus ZEESHAN AHMED DODHY AND 2 OTHERS


Criminal Procedure Code (CCPC) Section 491 Habitat Corps Application The minor parties' cover-up was separated in 1999 when the applicant (wife) was divorced by the defendant (her husband) and thereafter According to the applicant, because of some mutual agreement or the management of the minor was handed over to the respondents, in the circumstances the evidence was necessary to determine the welfare of the minor which was required by the Guardian Court Section 491. As can be better recorded by the source, the CRPC was not intended to vacate the jurisdiction of the Guardian Court. If, however, the child was forcibly snatched or retained by his father or anyone else who could be vulnerable to the juvenile, then his protection would be handed over to the mother who had the first custody rights. Since the child was with the father in 1999 and the case was not an emergency it was not appropriate to request jurisdiction under 5 491, the PC Petition was accordingly dismissed.

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