Mst. BASRI IRSHAD vs TAUQIR HAYAT S — 2021 YLR 1267 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 1267 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: Mst. BASRI IRSHAD vs TAUQIR HAYAT S
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

Mst. BASRI IRSHAD VS TAUQIR HAYAT S. 491---Habeas corpus---Custody of minors---Welfare of minor---Scope---High court is not supposed to decide the matter of custody of minor because it is for the Guardian Judge to decide, after recording of evidence, as to who out of the spouses is entitled to retain custody of the minor---High Court in the proceedings under S.491, Cr.P.C. has to consider the age of minor and his welfare, keeping in mind the law that when a minor child of tender age is recently removed from the custody of his mother, the mother would be entitled to his interim custody.

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