HAMNA FAHAD vs CAPITAL CITY POLICE OFFICER, LAHORE art — 2025 CLC 1148 LAHORE-HIGH-COURT-LAHORE

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HAMNA FAHAD VS CAPITAL CITY POLICE OFFICER, LAHORE art. 199(1)(b)(i)---Guardians and Wards act (VIII of 1890), Ss.7 & 25---Habeas corpus, writ of---Scope---Recovery of minor from the custody of father temporarily given to him by the Guardian Judge---Petitioner (mother) instead of availing alternate remedy by way of seeking custody of the minor from the Guardian Court opted to approach High Court in the writ of habeas corpus---Contention of respondent (father) was that High Court had no jurisdiction to pass any order as alternate remedy had been availed before the Guardian Judge, who while taking cognizance of the matter had passed order of interim custody of minor in favour of the respondent---Validity---High Court in constitutional jurisdiction although has jurisdiction to handover temporary custody to anyone of the parents by directing them to seek remedy before the Guardian Court, yet as the matter was already pending before the Guardian Court, High Court had not declared that the minors had been snatched forcibly by any of the parent from the other or custody of said parent as illegal and improper which required determination of disputed facts not permissible in the constitutional jurisdiction of the High Court, lest it might prejudice rights of the parties before the Guardian Court where proceedings for custody of minors were pending---Habeas corpus proceedings by its very nature and purport are summary in character and neither controversies were tried nor entire evidence was recorded under ordinary substantive and procedural laws under civil and criminal jurisdiction and such jurisdiction being extraordinary in its very nature should be sparingly used because the plenary jurisdiction in the matter rests under other laws in other forums of special jurisdiction who should normally be allowed to exercise it in accordance with law---High Court refrained itself from passing any order relating to custody of minors, however, in the interest of justice, in order to further regulate the proceedings in the matter certain observations were recorded which the parties were bound to observe---Constitutional petition was disposed of, in circumstances.

HAMNA FAHAD vs CAPITAL CITY POLICE OFFICER, LAHORE art — 2025 CLC 1148 LAHORE-HIGH-COURT-LAHORE

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