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HUSSAN BEGUM versus IST ADDITIONAL DISTRICT AND SESSIONS JUDGE, KARACHI WEST


Sections 491 and 561A Habitat Corpus for the recovery of a minor boy and daughter under the age of seven for the recovery of a minor boy from the alleged illegal custody of his father (defendant). Filed an application under Section 491, CrPC. Below was handed over to the father's mother's mother under illegal custody but ordered that the son remain with the father because he was not in illegal custody as the minor son, who was close to four years of age. Legal supervision was with his father. His father was under the age of seven and demanded custody of his father, so his custody with the father could not be considered legal and proper application was allowed and the father was granted custody of the minor son by his mother. Delivery has been directed.

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