2019 YLR 2244 Non-Filing of Counter Affidavit Habeas Corpus 491 CrPC
S…491…Habeas Corpus petition…Custody of Minors…Not-filing of counter affidavit…Effect…Petitioner/mother alleged that minors were snatched from her custody by their father…Petitioner has appended her affidavit along with the petition regarding correctness of contents…Respondent/father of minors had not filed counter affidavit to challenge the contents of the affidavit…Minor, aged 10-years, stated before the count that he worked at a motorcycle shop and did not go to school…Held, minor was deprived of motherly love and father has got the minor employed at a motorcycle workshop…Petition was allowed and custody of minors was handed over to the mother, in circumstances.
Main Ingredients of Judgment:-
1.Section 491 CrPC
2.Habeas Corpus
3.Custody of Minors
4.Non-filing of Counter Affidavit
5.Motherly Love and Father
CH MUHAMMAD SHAHID BHALLI
Advocate High Court
Mob: 0301-6001125
Chamber No. 3 First Floor Adnan Center,
Model Town Link Road Lahore