Dr. MAHREEN BALOCH vs PROVINCE OF SINDH through Secretary Home Department, Karachi S — 2022 YLR 1602 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 YLR 1602 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: YLR
Parties: Dr. MAHREEN BALOCH vs PROVINCE OF SINDH through Secretary Home Department, Karachi S
Subject matter: Criminal
Provisions referred to: S. 491---G; S. 25---C; S. 491; Wards Act (VIII of 1890); 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

Dr. MAHREEN BALOCH VS PROVINCE OF SINDH through Secretary Home Department, Karachi S. 491---Guardians and Wards Act (VIII of 1890), S.25---Constitution of Pakistan, Art. 199---Constitutional petition---Habeas corpus, writ of---Custody of minor---Petitioner sought recovery of her two minor daughters who had been taken away from her---Validity---Jurisdiction of Courts under Guardians and Wards Act, 1890, in respect of custody of minors and for recovery / production of minors under S.491, Cr.P.C. were entirely different and there was no question of one exceeding the other, overlapping the other or destroying the other in as much as there was no repugnancy between the two provisions---Provisions of S. 491, Cr.P.C. provided efficacious and speedy relief for release of persons kept under illegal and improper custody---In matters pertaining to custody of minors of tender age, High Court was empowered to issue directions under S. 491, Cr.P.C. and could pass an order regarding custody without prejudice to the right of parties for final determination of dispute pertaining to custody of minors by Guardian Court---High Court was empowered to pass appropriate orders to ensure that rights conferred upon minor children were fully protected in a suitable manner in exercise of inherent jurisdiction---High Court converted Constitutional petition into application under S. 491, Cr.P.C. and directed Joint Investigation Team so constituted to trace out respondent and minor girls and then proceed further in the matter---Application was disposed of accordingly.

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