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Criminal Miscellaneous Application No. 611 of 1983, decided on 25th July, 1983.
---S. 491‑‑Habeas corpus‑‑Parties wife and husband inter se‑‑Wife praying for a writ in nature of Habeas Corpus directing her husband to produce their minor daughter aged 4 years, allegedly detained by him‑‑Held, it was inconceivable that girl would be under illegal or improper custody of her father so as to attract provisions of S. 491, Criminal Procedure Code‑‑Seeking appropriate redress under civil law advisable.
Akhlaq Ahmed Siddiqui for Petitioner.
Petitioner has filed this application under section 491 of the Code of Criminal Procedure for a writ in the nature of Habeas Corpus to the opponent/ respondent directing him to produce in Court her daughter Miss Shamim, aged about 4 years' for setting her at liberty. The parties are wife and husband inter se. The baby Miss Shamim is off spring of their wedlock. She is under the care and custody of her father, the respondent. It is inconceivable that she is under illegal or improper custody of her father as to attract the provisions of section 491 of the Code of Criminal Procedure. The petitioner has resorted to criminal proceedings instead of seeking appropriate redress under Civil Law. The petition seems misconceived and is dismissed.
M. Y. H Petition dismissed.
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