MST. TASNEEM FATIMA versus ARSHAD MEHMOOD
Section 491 Guardians and Wards Act (VII of 1890), Section 25 Application of the Juvenile Corps to the juvenile applicants / mother of minors who have already claimed custody of minors through an application under the Gardens and Wards Act 1890. Had gone out of Her husband filed the application under Section 491, CR PC after five months and did not take any action during that period; the matter was not proved to be one of the forcible snatching of the juvenile under the application. No situation was immediately presented to justify. Section 491, the CCP and the custody of minors were decided by the juveniles in the summary procedure; their school was regularly attended with a school fee which was about Rs. 5000 for the minor for two months, The parents of minors were being paid, the educational results of the minors were exceptional and their attendance was high and if the minors were dropped out of school, their education would be badly damaged. Welfare, education and the present circumstances of this case; I was not present, CC emulsion was unusual nature summary and such powers should be used less.
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