Mst. RAHEELA BIBI vs MANGTA MASIH alias RIAZ
This habeas corpus petition was filed by the petitioner, the mother of a minor child named Sameer, seeking the recovery of the minor from the alleged illegal confinement of the respondent, Mangta Masih. Upon the respondent producing the minor in court, it was revealed that a Guardian Judge in Lahore had previously passed an order on 29-4-2002, based on an agreement between the parties, granting custody to the respondent. The petitioner argued that she had subsequently filed an application under the Guardians and Wards Act, 1890, challenging the legality of that order and seeking the return of the minor's custody, with proceedings currently pending before the Guardian Judge. The High Court held that since the issue of the minor's custody was already sub judice before the competent Guardian Court, the habeas corpus petition was not maintainable. Consequently, the court dismissed the petition but directed the Guardian Judge to expedite the resolution of the pending custody matter within a period of two months.
- Is a habeas corpus petition maintainable when the issue of child custody is already pending before a competent Guardian Judge?
- Can a High Court entertain a petition for the recovery of a minor when a prior order regarding custody has been passed by a Guardian Court?
- Section 25, Guardians and Wards Act 1890
ORDER
Through this habeas corpus petition petitioner sought recovery of Sameer aged one year and one month being real mother of the minor who is statedly in the illegal confinement of respondent namely Mangta Masih.
2. Under the orders of this Court, respondent has produced minor son of the petitioner.
3. While arguing the case, learned counsel for respondent has placed on record certified copy of order passed by learned Guardian Judge, Lahore dated 29-4-2002 which reveals that the parties have agreed upon that minor will remain in the custody of Mangta Riaz (respondent). To rebut these arguments, learned counsel for the petitioner submits that petitioner has also filed an application before the learned Guardian Judge, Lahore under section 25 of the Guardian and Warads Act for the return of the custody of minor namely Sameer and that legality of the order dated 29-4-2002, relied upon by the respondent party, has also been challenged and 18-9-2002 is the next date in the said matter.
4. Since the matter qua custody of the minor is under consideration before the learned guardian Judge, Lahore, this petition is not maintainable same stands dismissed. However, in the peculiar circumstances of this case learned Guardian Judge. Lahore is directed to decide the matter within two months.