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RASHIDA BANO HUSSAIN versus SHAKIL AHMED KHALIQ

Section 491 Habitat Corpus Petitioner's Minor Cover When a final order issued by an independent court of an independent assembly or a court of any jurisdiction in Azad Kashmir, it was regarded as the guardian of a ward and Ward was removed from them. Legally detained, then, of course, the High Court was capable of handing over the juvenile's custody under Section 491, CR PC, when there was no such order, the High Court could not Having the full jurisdiction to decide matters such as the Family Court was not capable of handling jurisdiction when deciding the question of custody of a minor, the basic idea of his welfare and such The absence of evidence cannot be resolved in the absence of a final order by the court of competent jurisdiction. Regarding custody matters, there may be a case such as father or mother, if a minor child's natural guardian could only be removed from the parent when he was absent illegally. A minor was not detained in custody unless otherwise proven. During the custody of a minor by the parent from the parent, the applicant had to make a case of illegal detention and, unless, section 491, the CR PC will not come into use when such concession can be granted to a claimant. It appeals to the High Court that the alleged detention is in illegal detention or imprisonment property advocate from Matiari lawyer