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MUSARRAT WARIS versus MUHAMMAD AFSAR KHAN

Article 199 Criminal Code of Conduct (v. 1898), Section 491 Constitution Petition A virtual custody of a minor mother filed a habeas corpus petition for the recovery of her minor's children and her mother before the High Court in the Constitution. The order was challenged. Taking up the preliminary objection to the holding of the jurisdictional constitutional petition, it was claimed that the father was the natural guardian of the minors and that his custody could not be declared illegal or illegal, therefore, the High Court had to comply with Section 491, C.R.P. There was no jurisdiction under C to give him custody. In matters relating to the custody of minors of juvenile age, the High Court was authorized, under Islamic law, to issue instructions in the nature of the habeas corpus under Section 491, CR PC, if the custody of the juveniles is illegal. If the mother was disturbed, under Islamic law she was entitled to arrest her son, who had daughters under the age of seven and daughters who had not yet been found to be defective in favor of the father of the children (minors). 'S statements had no significance in his custody with his father. The custody of minors with the father, if not illegal, was the custody of the juvenile in at least inappropriate circumstances, with the observation that the parties were not affected by the High Court order that the Guardian judge to resolve the complaint. Will refer to when you need a advocate from Pirpai lawyer