Mst. RABIA vs STATION HOUSE OFFICER, POLICE STATION WALEED, LARAKANA S — 2022 YLR 1125 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 YLR 1125 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: YLR
Parties: Mst. RABIA vs STATION HOUSE OFFICER, POLICE STATION WALEED, LARAKANA S
Subject matter: Criminal
Provisions referred to: S. 25---C; S. 25; S. 491; Criminal Procedure Code (V of 1898); Wards Act

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. RABIA VS STATION HOUSE OFFICER, POLICE STATION WALEED, LARAKANA S. 25---Criminal Procedure Code (V of 1898), Ss. 491 & 561-A---Custody of minors--- Habeas corpus--- Father with custody of minors---Territorial jurisdiction---Applicant was mother of minor children who sought recovery of her minor children from respondent who was their father---Validity---Guardian Court was the final arbiter for adjudicating question of custody of children and legal course for obtaining custody of child for a parent or one interested in obtaining custody of child was with Guardian Court within the meaning and scope of S.25 of Guardians and Wards Act, 1890---Where there appeared an exception to normal situation, child could not be left to suffer consequences of procedural hurdles and lethargy of system at the cost of child's welfare rather one deprived of lawful custody provided a way to invoke jurisdiction of Court under S.491, Cr.P.C. as interim measure till final arbiter would decide question of custody finally---Minors were residing with their father at place "K" and prima facie never accrued first step of abnormality i.e. 'illegal removal of child from lawful custody', which alone was sufficient to let normal legal course prevail---Matter was outside the limits of appellate criminal jurisdiction of High Court at place "L", therefore, High Court declined to interfere in the matter---Application was dismissed, in circumstances.

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