1985 P Cr (PLP)
Mst. MARIAM ROZINA‑‑Petitioner Versus ROBERT ASHRAF‑‑Respondent
| Citation | 1985 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | Ally Madad Shah, J |
| Parties | Mst. MARIAM ROZINA‑‑Petitioner Versus ROBERT ASHRAF‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1985 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1985 P Cr (PLP)?
The case was heard and decided by the Karachi bench comprising: Ally Madad Shah, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1985 P Cr (PLP) (Mst. MARIAM ROZINA‑‑Petitioner Versus ROBERT ASHRAF‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Akhlaq Ahmed Siddiqui for Petitioner.
Headnotes / Summary
S. 491‑‑Habeas corpus‑‑Parties wife and husband inter se‑‑Wife praying for a writ in nature of Habeas Corpus directing her husband to produce their minor daughter aged 4 years, allegedly detained by him‑‑Held, it was inconceivable that girl would be under illegal or improper custody of her father so as to attract provisions of S. 491, Criminal Procedure Code‑‑Seeking appropriate redress under civil law advisable.
Judgment & Decree
ROBERT ASHRAF‑‑Respondent Criminal Miscellaneous Application No. 611 of 1983, decided on 25th July, 1983.
S. 491‑‑Habeas corpus‑‑Parties wife and husband inter se‑‑Wife praying for a writ in nature of Habeas Corpus directing her husband to produce their minor daughter aged 4 years, allegedly detained by him‑‑Held, it was inconceivable that girl would be under illegal or improper custody of her father so as to attract provisions of S. 491, Criminal Procedure Code‑‑Seeking appropriate redress under civil law advisable. Akhlaq Ahmed Siddiqui for Petitioner. Petitioner has filed this application under section 491 of the Code of Criminal Procedure for a writ in the nature of Habeas Corpus to the opponent/ respondent directing him to produce in Court her daughter Miss Shamim, aged about 4 years' for setting her at liberty. The parties are wife and husband inter se. The baby Miss Shamim is off spring of their wedlock. She is under the care and custody of her father, the respondent. It is inconceivable that she is under illegal or improper custody of her father as to attract the provisions of section 491 of the Code of Criminal Procedure. The petitioner has resorted to criminal proceedings instead of seeking appropriate redress under Civil Law. The petition seems misconceived and is dismissed. M. Y. H Petition dismissed.