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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 minor---Right of hizanat---Scope---Petitioner assailed order passed by Sessions Judge whereby her application under S.491, Cr.P.C. for custody of minor was dismissed on the ground that the minor seemed comfortable in the company of his father---Validity---Lap of mother was a heavenly place and she had an inherent right to keep her children close to her bosom---Mother was a symbol of sacrifice for her children and there was no substitute of her love and affection, who showered her love and affection upon children from cradle to grave---Petitioner even otherwise had the right of hizanat under the Islamic Law as the age of minor was about 3½ years---Petitioner was entitled to the interim custody and she could not be deprived from the same until and unless decided otherwise by the Guardian Judge---Constitutional petition was allowed and custody of minor was handed over to the petitioner/mother.

Other judgments reported in 2021 YLR

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