Case Law (Habeas corpus---Custody of minors---Applicant sought recovery of minors on the ground that---)

 2021 [M] S L J 46
Sindh High Court (Hyderabad)
Mst. Anam Khanzada vs Deputy Inspector-General of Police, Hyderabad Region, Hyderabad and 6 others
ZAFAR AHMED KHAN RAJPUT, J.

(a) Criminal Procedure Code (V of 1898)---
---S. 491---Habeas corpus---Custody of minors---Applicant sought recovery of minors on the ground that about 15 to 20 days before the filing of petition respondent (father of minors) came to her house and removed the custody of minors on the pretext that he would take them to market for shopping---Respondent produced certificates issued by the Principal of school, in which minors studied, to the effect that they had been studying in the school for the last several months---Admission on the part of applicant that minors had been studying in the school where respondent resided was sufficient evidence to show that their custody was with the respondent when the applicant was allegedly compelled to leave the house---Respondent was the natural guardian of the minors, custody of minors with him could not be termed as illegal---Application was dismissed, in circumstances.

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