Section 491 Detention of Minority Habits Corp. Petition Maintenance Petition claims that her minor daughter was illegally and illegally detained by a father / respondent. While she was entitled to withdraw the minor, who was barely seven years old, as the mother of the minor, the trial court issued notice to the defendant instructing the juvenile to appear and open the juvenile in open court. One of the parents was chosen and the slightest desire and liking to be with his father / defendant was such an element related to the dismissal of the application under Section 491, CRPC. The illegitimate custody of the minor's father could not be relinquished. In nature and where the question of lawful and illegal custody of the affected person was before the court, then under Section 491 it was necessary to examine and record the evidence of the parties, CRPC exercising separately as a jurisdiction. As provided under the Guardians and Wards Act. In the Habitat Corpus petition, the matter had to be briefly resolved in connection with the illegal and matters under section 5 of the 1890 or West Pakistan Family Courts Act, 1964. Detention of a person in public or private custody without the police or legal authority or jurisdiction, when it is the duty of the court to intervene, take prompt action and release the proceedings immediately for the preparation of the court. Can instruct. No relief was possible under the jurisdiction of section 491, CCPC, except when there was a marital dispute between parents.
Related judgments — Peshawar High Court NWFP, 2009