S. 491---Habeas corpus---Custody of minor---Right of hizanat---Scope---Petitioner being mother of minor, aged about 2 years, sought his recovery from the illegal and improper detention of minor's father-

 2020 M L D 1891

S. 491---Habeas corpus---Custody of minor---Right of hizanat---Scope---Petitioner being mother of minor, aged about 2 years, sought his recovery from the illegal and improper detention of minor's father---First right of hizanat regarding custody of minor laid with the petitioner---Petitioner had claimed that the minor was snatched from her custody---Petitioner had also appended her affidavit along with the petition but no counter affidavit by the respondent was filed---Petition was allowed and the custody of minor was handed over to the petitioner, in circumstances.

Guardians and Wards Act (VIII of 1890), S. 25---Habeas corpus---Custody of minor---Pendency of petition before Guardian Court---Effect---Guardian court is the final arbitrator to adjudicate upon the question of custody of a child but this does not mean that where a parent is holding custody of a minor lawfully and is deprived of such custody, such parent cannot seek remedy to regain the custody while the matter is sub judice before a Guardian Court---High Court, in exercise of its power under S. 491, Cr.P.C. has to exercise parental jurisdiction and is not precluded, in any circumstance, from giving due consideration to the welfare of the minor and to ensure that no harm or damage comes to him physically or emotionally by reason of breakdown of family tie between the parents.