Mst. SAFIA BIBI vs GHULAM HUSSAIN SHAH — 1970 PLD 13

Citation: 1970 PLD 13

Court: High Court of Azad Jammu and Kashmir

Year: 1969

Decision Date: 1969-07-05

Parties: Mst. SAFIA BIBI vs GHULAM HUSSAIN SHAH

Headnotes

Case cited as PLD 1970 Azad J & K 13

Judgment Text

Court Name: High Court of Azad Jammu and Kashmir Judge(s): Khawaja Muhammad Sharif Title: Mst. SAFIA BIBI vs GHULAM HUSSAIN SHAH Case No.: Criminal Miscellaneous No. (sic.) of 1969 Date of Judgment:1969-07-05 Reported As: PLD 1970 Azad J & K 13 Result: Petition accepted Judgment ORDER Mst. Safia Bibi moved this application under section 491, Cr. P. C. Alleging that she had been divorced by her husband, Ghulam Hussain Shah respondent on 17-6-1969 but that the respondent had taken from her children-Lail Shah son aged about 31 years, Mst. Tazeema daughter aged about 41 years and Mst. Perveza daughter aged about 7 years. She prayed that the children who are being detained by the father against her will be ordered to be brought before the Court and restored to her as she is their lawful guardian. The Kahori Police was ordered to produce the children before this Court which they have done today. It has been argued by the learned counsel for the respondent that the children were not in illegal custody and that they were not being detained against their will. He requested that the statement of the Police Officer who produced the children may be recorded but I think it is not necessary at all. The writ of habeas corpus is frequently resorted to in order to obtain the custody of the children and often times to determine the rights of the parties to their custody. The children are all minors. Therefore, the question of their consent does not arise. Where a person is legally entitled…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.