RASHID KHAN vs Mst — 2021 MLD 725 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 MLD 725 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: MLD
Parties: RASHID KHAN vs Mst
Subject matter: Criminal
Provisions referred to: S. 491---H; S. 491

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

RASHID KHAN VS Mst. MOMNA JADOON S.491---Habeas corpus---Custody of minors---Scope---Petitioner/father assailed order passed by Sessions Judge whereby the respondent's/mother's application under S.491, Cr.P.C., for custody of minors was allowed---Contention of petitioner was that the minors were handed over to the petitioner in the light of compromise effected between him and his ex-wife in a family suit---Validity---Court below had only granted temporary custody of minors to the mother---Proceedings under S. 491, Cr.P.C. were summary in nature and were not intended to go beyond the summary consideration of the question essentially relevant to the alleged detention---Petitioner had not even bothered to appear before the Sessions Judge during pendency of the application---Constitutional petition was dismissed, in circumstances.

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