Habeas corpus petition

Citation Name : #2019_PLD_281_LAHORE_HIGH_COURT_LAHORE
Side Appellant : Mst. RABYIA ILYYAS
Side Opponent : ADDITIONAL SESSION JUDGE
S. 491---Habeas corpus petition---Recovery of minor---hizanat , right of ---Scope---Minor was residing with his paternal grandparents after an alleged compromise between his parents, under which the mother had allegedly given up her right of hizanat ---Habeas corpus petition filed by the mother for recovery of minor had been dismissed by the court below---Held, that father of the minor was stated to be out of country and the minor was living with his paternal grand-parents---Keeping in view such circumstances and the tender age of the minor (aged about 3 years), the real mother, could not be deprived of her right to hizanat and the alleged compromise or agreement had no binding force in the eyes of law ---Impugned order of court below was set-aside, custody of minor was handed over to the mother with the direction that the father's side was at liberty to invoke the jurisdiction of the Guardian Court for regularization of custody of minor---Constitutional petition was allowed accordingly.