| Case ID |
228ee877-e19b-4dcd-b11e-b57a5b17ea1c |
| Body |
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| Case Number |
Criminal Appeal No. 54 of 1977 |
| Decision Date |
Jun 15, 1977 |
| Hearing Date |
|
| Decision |
The appeal was dismissed. The court found that the allegations against Mst. Shahzad Bibi regarding her relationship and intentions concerning her minor children required further investigation. The court emphasized the need for the Guardian Judge to assess the custody of the minors in light of the claims made against the mother, which included allegations of illicit conduct. The decision upheld the High Court's order to place the minors in Darul Aman pending the Guardian Judge's ruling on custody. The court also noted that the mother, being the natural guardian, should seek custody through the appropriate legal channels. No costs were awarded in the dismissal of the appeal. |
| Summary |
This case revolves around a habeas corpus petition filed under Section 491 of the Criminal Procedure Code concerning Mst. Shahzad Bibi and her minor children. The petition was initiated by Muhammad Afzal, a stranger to the family, who alleged that Mst. Shahzad Bibi was unlawfully detained by her step-brothers. The court analyzed the claims made about the custody of the children, focusing on the mother's rights as a natural guardian. The judges expressed concern over the allegations involving Mst. Shahzad Bibi's character and her intentions regarding her children, stating that these issues needed thorough examination by the Guardian Judge. Ultimately, the Supreme Court upheld the previous ruling that required the minors to be placed in a protective environment until a proper custody decision could be made. This case highlights critical issues related to family law, guardianship, and the rights of mothers in custody disputes. Keywords include habeas corpus, custody of minors, natural guardian, and family law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWARUL HAQ,
WAHEEDUDDIN AHMED,
NASIM HASSAN SHAH
|
| Lawyers |
Dr. Khalid Ranjha,
Rana Maqbool Ahmad Qadri
|
| Petitioners |
Mst. SHAHZAD BIBI
|
| Respondents |
THE STATE
|
| Citations |
1977 SLD 187,
1977 SCMR 343
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
491
|