1987 PLP 174 (SCMR)
MUHAMMAD NASEER HUMAYON‑‑Petitioner Versus Mst. SYEDA UMMATUL KHABIR Respondent
| Citation | 1987 PLP 174 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and S. A. Nusrat,JJ |
| Parties | MUHAMMAD NASEER HUMAYON‑‑Petitioner Versus Mst. SYEDA UMMATUL KHABIR Respondent |
| Primary Law | Constitution of Pakistan (1973)‑‑ |
Q1: What are the key laws and sections cited in 1987 PLP 174 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 174 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and S. A. Nusrat,JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 174 (SCMR) (MUHAMMAD NASEER HUMAYON‑‑Petitioner Versus Mst. SYEDA UMMATUL KHABIR Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Hamid Aslam Qureshi, Advocate‑on‑Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 22nd October, 1986.
Headnotes / Summary
(From the order of the Lahore High Court, Lahore, dated 4‑6‑1986 passed in Criminal Miscellaneous No. 223/H of 1986). ‑‑‑Art. 185(3)‑‑Criminal Procedure Code (V of 1898), S. 491‑‑Guardians and Wards Act (VIII of 1890), S. 25‑‑Habeas corpus‑‑Exercise of jurisdiction‑‑Custody of minor girl of less than 4 years‑‑High Court's Order passed in Habeas Corpus proceedings directing father to hand over person of minor girl to her mother, challenged‑‑Plea that questions between spouses regarding custody of minor children should not be decided by High Court under S. 491 Cr.P.C. not entertained‑‑Held, it would not be fair to minor at such tender age to snatch her from her mother when parties were yet to get matter resolved through Guardian Court. Mst. Mariam Rozina v. Robert Ashraf 1985 P Cr. L J 1469 distinguished.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal has been sought from order dated 4‑6‑‑1986 of the Lahore High Court; whereby in Habeas Corpus proceedings a learned Single Judge of the High Court directed the handing over of the person of a minor daughter of less than 4 years of age by the petitioner (father) to the respondent (mother). Learned counsel relying on Mst. Mariam Rozina v. Robert Ashraf 1985 P Cr. L J 1469 contended that the questions between spouses regarding custody of minor children should not be decided by the High Court under section 491, Cr.P.C. Thus, as argued, the impugned order is without jurisdiction. The learned Judge in the High Court while agreeing that ordinarily the questions of Hizanat cannot be adjudicated in the Habeas Corpus petition, distinguished the cited case by observing that the parties therein were wedded in a marriage union while in the present case they have become strangers on account of the dissolution of the marriage. It is not necessary in the peculiar extraordinary circumstances of this case noted in the impugned order to decide the question of law raised by the learned counsel. The learned Judge in the High Court while entrusting the custody of the child observed "that the respondent or the petitioner, if so advised, may approach the Guardian Judge for determination of the final settlement of the custody of the child". This observation followed the remarks made by the learned Judge that apart from the welfare of the minor, the fact of husband having different faith will also have to be taken into account, when finally deciding the dispute about custody. After hearing the learned counsel we feel that it would not be fair to the minor child at this tender age to snatch her from her mother when according to the impugned order itself the parties are yet to get the matter resolved through the Guardian Court. Accordingly not finding it a fit case for grant of leave to appeal we dismiss this petition. M. I. Petition dismissed.