Mst. AASIA BIBI vs Mst. FATIMA BIBI
This Criminal Miscellaneous application was filed by Mst. Aasia Bibi challenging an order of the Guardian Judge issuing warrants under Section 100 of the Code of Criminal Procedure 1898 for the production of a minor child. The petitioner contended that she did not have custody of the minor and was being subjected to unnecessary harassment, as the child was not in her control. The primary legal issue before the Lahore High Court was whether the High Court should interfere with the Guardian Judge's order when the party claims lack of custody or control over the child. The High Court dismissed the application, holding that the petitioner should appear before the Guardian Judge to demonstrate her lack of custody or control over her son regarding the minor's production. The Court directed the Guardian Judge to consider the contentions of the petitioner and other concerned parties and pass a speaking order accordingly.
- Should a party alleging lack of custody of a minor first satisfy the Guardian Judge issuing warrants under Section 100 CrPC before seeking relief from the High Court?
- Is a Guardian Judge required to pass a speaking order after considering the contentions of a party denying custody of a minor under Section 100 CrPC?
- Section 100, Code of Criminal Procedure 1898
' Learned counsel states that he wants to give up respondent No,2 Muhammad Akram as the process-serving agency has failed to effect service because of his abandonment of the last known address of abode. Name of Muhammad Akram son of Afzal Shah be deleted from the array of the respondents.
2. Mst. Aasia Bibi paternal grandmother of Jamhir Shah has called in question the order passed by Guardian Judge while issuing the warrants under section 100 of the Code of Criminal Procedure for production of minor on the ground that she does not have the custody of the minor and is being put to unnecessary harassm ent.
3. Mst. Aasia Bibi should appear before the learned Guardian Judge and satisfy the learned Judge that she does not have the-custody and has no control over Muhammad Akram her son for production of the minor. Learned Guardian Judge is expected to pass a speaking order after contentions of Mst. Aasia and other concerns are taken into consideration. There is no force in this Criminal Miscellaneous bearing No,159/Q/1999 which is accordingly dismissed.