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Judgments on s.491, Code of Criminal Procedure 1898
Pakistani court judgments that consider s.491, Code of Criminal Procedure 1898, summarised in plain English, newest first. Each gives the issue, what the court held and what it means in practice, and is reviewed by an advocate.
3 judgments
Grandfather’s maintenance: present capacity is separate from past liability
Allah Rakha alias Irshad v. Province of Sindh and another
Issue: Where a child's father has died, can the paternal grandfather be ordered to pay the child's monthly and past maintenance, and what…
Held: The grandfather remained liable for monthly maintenance of Rs. 7,000: he admitted income from a bakery and brought no evidence of incapacity. But the courts below had missed the mother's earlier bond undertaking to bear the child's expenses, which was…
Art. 199, Constitution of Pakistan 1973s.14, Family Courts Act 1964s.491, Code of Criminal Procedure 1898
Children taken by force are returned to the mother pending the Guardian Court
Naseem Bibi v. Addl. Sessions Judge Sheikhupura and four others
Issue: Can a Sessions Judge refuse a mother's section 491 petition only because her children (about 16, 11 and 9) are not of…
Held: No. Section 491 also covers custody that is 'improper', and the remedy is not barred because the Guardian Court is available. The mother came to court at once alleging the father had forcibly taken the children from her on 20…
Art. 199, Constitution of Pakistan 1973s.17, Guardians and Wards Act 1890s.25, Guardians and Wards Act 1890s.491, Code of Criminal Procedure 1898
A 17-year-old who refuses to live with her father cannot be forced back or kept in a shelter through habeas corpus
Muhammad Mustafa v. District Police Officer, etc.
Issue: Can a father use a habeas petition to recover his 17-year-old daughter, who says she wants to live with her maternal aunt…
Held: No. The girl told the Court she feared her stepmother and chose to live with her khala. The Punjab Protection of Women Against Violence Act 2016 can be used only with the aggrieved person's consent (s.15), and proceedings under Part…
s.15, Punjab Protection of Women Against Violence Act 2016s.4, Punjab Destitute and Neglected Children Act 2004s.491, Code of Criminal Procedure 1898