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Recovery of children

Recovery of children legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2014 MLD 1333 KARACHI-HIGH-COURT-SINDH Judicial Precedent
Art. 199Constitutional petitionMaintainabilityRecovery of childrenScopePetitioner was wife of respondent and she had been divorcedPetitioner/mother had already approached Sessions Court under S. 491, Cr. P. C for the same relief

Age of children was nine and seven years and petitioner could not claim her right of Hizanat/ custody of children, who were in the custody of their father being their natural guardian

Custody of children with their father could not be treated as illegal as he was responsible for their upbringing as a natural guardian

Petitioner/mother should file petition under Guardians and Wards Act, 1890 to claim the custody or visiting rights of children

Complaint to Station House Officer against husband for having custody of children did not mean that extraordinary circumstances had arisen for invoking the constitutional jurisdiction of High Court

No case was made out for invoking jurisdiction of High Court for recovery/production of children in the court

Petitioner had equally, efficacious and alternate remedy under Guardians and Wards At, 1890 and she might file guardian petition if so advised as Guardian Judge had power of recovery of minors and regulating their interim custody

Constitutional petition was not maintainable which was dismissed in circumstances.

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Precedents & Case Laws citing "Recovery of children"

MLD 2014
2014-January-8

2014 M L D 519

Mst. SHAMSHAD BIBI — Petitioner Versus The S.S.P. and 3 others — Respondents

Court: Sindh
MLD 2014
Constitutional Petition No.S-409 of 2014, decided on 28th May,2014.

2014 M L D 1333

Mst. RABIA NOOR — Petitioner Versus SHAHZAD SHAH and 8 others — Respondents

Court: Sindh
SCMR 2018
Criminal Petition No. 1011 of 2017, decided on 24th January, 2018.

2018 S C M R 427

MIRJAM ABERRAS LEHDEAHO — Petitioner Versus SHO, POLICE STATION CHUNG, LAHORE and others — Respondents

Court: Supreme Court of Pakistan
YLR 2001
Criminal Miscellaneous Application No.2010 of 2000, decided on 14th December, 2000.

2001 Y L R 1803

FARZANA SARWAR‑‑‑Petitioner Versus THE STATE‑‑‑Respondent

Court: Quetta
PLD 1967
Writ Petition No. 1422 of 1966, decided on 2nd February 1967.

P L D 1967 Lahore 977

Begum ZAINAB TIWANA-Petitioner Versus (1) Ch. AZIZ AHMAD WARAICH, DISTRICT JUDGE, LAHORE,

Court: (a) Constitution of Pakistan (1962), Art. 98 read with Civil Procedure Code (V of 1908), O. IX, r. 9-Application for custody of minors-Not properly pursued by applicant because of "threats and juicy promises" proceeding from other party-Second similar application under Ss. 5 & 25, West Pakistan Family Courts Act (XXXV of 1964) dismissed as barred by O. IX, r. 9, Civil Procedure Code (V of 1908)-Family Court's omission to deal with the question of "threats and juicy promises" which might amount to "coercion and fraud"-Adequate reason for treating such Court's order as "without legal authority and of no legal effect" within meaning of Art. 98, Constitution of Pakistan (1962)- Grindlay's Bank Ltd. v. Murree Brewery Co. Ltd. P L D 1954 Lah. 745 ref.; Badrul Haque Khan v. Election Tribunal, Dacca P L D 1963 S C 704; Jamal Shah v. Election Commission P L D 1966 S C 1 and Venkatagiri v. H. R. H. Board P L D 1949 P C 26 considered.
YLR 2023
2020-October-7

2023 Y L R 34

Mst. ZAIB UN NISA — Petitioner Versus QASIM AZEEM and 3 others — Respondents

Court: Peshawar (Abbottabad Bench)
CLCN 2019
2018-October-22

2019 C L C Note 43

MOHAMMAD SALEEM — Petitioner Versus Mst. RUKHSANA — Respondent

Court: Sindh (Hyderabad Bench)
PLD 2012
2011-May-19

P L D 2012 Supreme Court 758

Mst. NADIA PERVEEN — Petitioner Versus Mst. ALMAS NOREEN and others — Respondents

Court: High Court
PLD 2014
2014-May-27

P L D 2014 Sindh 386

Mst. GHULZADI — Petitioner Versus GOVERNMENT OF SINDH through Home Secretary and others — Respondents

Court: High Court
PCRLJ 1991
N/A

1991 P C r

Mst. FAZLAN MAI — Appellant Versus RAB NAWAZ and another — Respondents

Court: Lahore