-Petitioner sought recovery of her sons and daughter who were alleged to have been illegally detained by their uncle-

 2021 P Cr. L J 1753

(a) Guardians and Wards Act (VIII of 1890)---

----S. 25---Criminal Procedure Code (V of 1898), S. 491---Habeas corpus---Maintainability---Custody of minors---Scope---Petitioner sought recovery of her sons and daughter who were alleged to have been illegally detained by their uncle---Validity---High Court in exercise of powers under S. 491, Cr.P.C. had to exercise parental jurisdiction and was not precluded in all circumstances from giving due consideration to the welfare of minors and to ensure that no harm or damage came to them physically or emotionally by reason of breakdown of the family tie between the parents---Application under S. 491, Cr.P.C. was maintainable for just recovery of minors from illegal custody of any person---Controversy raised by the parties needed to be looked into by the Guardians Court by way of proper proceedings---Application was disposed of with direction to the petitioner to approach the concerned Guardian Court.

(b) Criminal Procedure Code (V of 1898)---

----S. 491---Guardians and Wards Act (VIII of 1890), S. 25---Habeas corpus---Custody of minors---Scope---Proceedings under S. 491, Cr.P.C., are not available for declaring any person as guardian or for determining all the questions relating to the custody of minor because the final decision of regular custody is to be decided before the Guardian Court in the proceedings initiated by the parties claiming the custody of the minor.

(c) Guardians and Wards Act (VIII of 1890)---

----S. 17---Guardian, appointment of---Matters to be considered by the Court in appointing guardian---Scope---Paramount consideration while deciding the question of custody of minor is the welfare of the minor---Welfare includes his moral, spiritual and material wellbeing and while considering what is the welfare of minor the court shall have regard to the age, sex, religion of the minor, the character and capacity of the proposed guardian, his nearness of kin to the minor and the preference of minor, if he is intelligent enough to make it.