In habeas corpus petition the Court may recover custody of the minor children from one parent and hand the same over to other parent but ............

In habeas corpus petition the Court may recover custody of the minor children from one parent and hand the same over to other parent but said jurisdiction is summary in character and neither controversies are tried nor entire evidence is recorded under ordinary substantive and procedural laws under civil and criminal jurisdiction and such a jurisdiction being extraordinary (naeem)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.

WP 89/25
Hamna Fahad Vs C.C.P.O Lahore etc
Mr. Justice Muzamil Akhtar Shabir
03-01-2025
2025 LHC 1







 

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