NADIA ALAM vs State S — 2023 YLR 2065 HIGH-COURT-AZAD-KASHMIR

Case information

Citation: 2023 YLR 2065 HIGH-COURT-AZAD-KASHMIR
Year: 2023
Reporter: YLR
Parties: NADIA ALAM vs State S
Subject matter: Family
Provisions referred to: S. 491---G; S. 25---H; Wards Act (VIII of 1890)

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

NADIA ALAM VS State S. 491---Guardians and Wards Act (VIII of 1890), S. 25---Habeas Corpus petition---Custody of minor---Interim custody--- Scope--- Petitioner/mother sought production of alleged detenue/ minor from the unlawful custody of minor's father---Minor who was of tender age needed constant care of mother and it is a universal truth that there cannot be any substitute for a mother and that the lap of mother is God's own cradle for a child---Custody of minor with the father was improper, if not illegal---High Court on account of an interim measure can grant custody of minor to his/her lawful guardian even if a case is pending in the Guardian Court---Petition was accepted and the custody of the minor was handed over to the mother.

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