AHMED JAWAD SARWAR vs Mst. ZENIA
This matter arises from a petition for leave to appeal before the Supreme Court of Pakistan concerning the custody of a minor. The core legal question is whether section 491 of the Code of Criminal Procedure 1898 was rightly invoked to hand over custody of the minor to the mother in the absence of any observation or material indicating she had been illegally deprived of such custody. The Supreme Court granted leave to appeal to consider this question and modified the interim arrangement ordered by the High Court to permit the grandfather and grandmother, along with the father, to visit the minor. The principle laid down involves the proper scope and invocation of habeas corpus jurisdiction under section 491 in minor custody matters where illegal deprivation must be examined.
- Whether section 491 of the Code of Criminal Procedure 1898 can be invoked for handing over the custody of a minor in the absence of material indicating illegal deprivation?
- Can the Supreme Court modify an interim custody arrangement passed by the High Court pending appeal?
- Section 491, Code of Criminal Procedure 1898
ORDER
1. MUHAMMAD RAFIQ TARAR, J.---Leave to appeal is granted to .Consider inter alia whether in the absence of any observation/material indicating that the respondent (mother) had been illegally deprived of the custody of the minor, section 491 of the Cr.P.C. Was rightly invoked for handing over the custody to the mother ' Interim arrangement as ordered by the High Court is modified to the extent that the grandfather and grandmother will also be permitted to seek the minor along with the father.