Where guardians and Wards Act was pending then 491 crpc application or petition under 199 for recovery of minors is not maintainable

Where guardians and Wards Act was pending then 491 crpc application or petition under 199 for recovery of minors is not maintainable (MUJJAN ALI PANHWAR )
Art. 199---Criminal Procedure Code (V of 1898), S. 491 ---guardian s and Wards Act (VIII of 1890), S. 7---Constitutional petition filed before the High Court seeking custody of minors---maintainability ---Case for custody of minors already pending before the guardian Judge--- Effect--- Custody of minors with maternal grandmother after death of mother---Scope---Mother of children passed away, whereafter their custody was taken over by their maternal grandmother---Father of children sought their custody from the maternal grandmother, contending that they were in illegal custody---Validity---Issue of custody of minors was the subject-matter of a case which was pending in the guardian Court--- Invoking Art. 199 of the Constitution read with S. 491 , Cr.P.C. was thus untenable at present stage---Custody of minors with their maternal grandmother was not to be disturbed---Father had not brought on record any material to show as to who could look after the minors with the same zeal and affection as that of a maternal grandmother---Custody of minors with their maternal grandmother was not apparently illegal in such circumstances---Father had an equally efficacious remedy available under the guardian s and Wards Act, 1890---Constitutional petition being not maintainable was dismissed accordingly.

2014 PCrLJ 1249 KARACHI-HIGH-COURT-SINDH
Side Appellant : MUHAMMAD KHURSHEED
Side Opponent : IHTISHAM