Habeas Corpus proceedings --- Scope --- Custody of minor ... Regulating meeting with minor --

 PLD 2024 Lahore 476

Habeas Corpus proceedings --- Scope --- Custody of minor ... Regulating meeting with minor --- Petitioner was real father of minor and step sister of minor was claiming custody --- During Habeas Corpus proceedings under S. 491 , Cr.P.C. , before Additional Sessions Judge , petitioner consented to visitation rights to respondent --- On application filed by respondent , Additional Sessions Judge prepared schedule for respondent to meet the minor --- Validity --- Petitioner's custody was lawful and proper , as he was minor's real father and natural guardian duly looking after him , including his studies --- Respondent was step- sister of minor who was married and living with her family --- It was in the minor's welfare that his custody should remain with his father , i.e. the petitioner --- Though Additional Sessions Judge dismissed application of respondent but directed petitioner to provide her an opportunity to meet the minor twice or thrice a month --- Additional Sessions Judge exceeded his jurisdiction while making such a direction --- Determination of visitation rights fell in the exclusive domain of Guardian Court --- Order of Additional Sessions Judge enforcing meetings with minor was without jurisdiction and such application of respondent was not competent and all proceedings based on such order were unlawful --- Respondent could not take benefit of petitioner's conceding statement that he made in earlier proceedings --- When basic order was devoid of legal authority and void , the entire superstructure raised thereon would collapse --- High Court set aside the orders passed by Additional Sessions Judge enforcing meeting schedule of respondent with minor

WP. 66114/22

Abid Hameed Vs ASJ