ABDUL FAROOQ vs Mst — 2022 PLD 120 ISLAMABAD

Case information

Citation: 2022 PLD 120 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: PLD
Parties: ABDUL FAROOQ vs Mst
Subject matter: Family
Provisions referred to: S. 491---C

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

ABDUL FAROOQ VS Mst. MARYAM FAROOQ S. 491---Constitution of Pakistan, Arts. 9 & 199(1)(b)(i)---Constitutional petition---Habeas corpus, writ of---Custody of child---Scope---Jurisdiction of a Court adjudicating a habeas corpus petition in relation to a child cannot be confused with an ordinary habeas corpus petition where focus of Court is on recovery of the person illegally detained in order to uphold his right to life under Art. 9 of the Constitution---In case of a minor, his rights to liberty under Art. 9 of the Constitution entails a right to be in the custody of the person who ought to have the custody of the minor in accordance with law, till such time the minor attains age of majority he/she has a right to be taken care of whether by parents or relatives or the State---Focus of Court in a habeas corpus petition filed on behalf of a child is not just on illegal detention but on ensuring that interim custody of minor pending its determination by a Guardian Court is being dealt with in accordance with law.

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