Supreme Court · 1959 INSC 104 · Decided 27 August 1959
Gohar Begam v. Suggi Alias Nazma Begam and Others
- Court
- Supreme Court of India
- Citation
- 1959 INSC 104 · [1960] 1 S.C.R. 597
- Case number
- CRIMINAL APPEAL No. 11/1959
- Decided
- 27 August 1959
- Bench
- SYED JAFFER IMAM, A.K. SARKAR, K.N. WANCHOO (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 49r, 491
Headnote
COURT REPORTS . 597 GOHAR BEGAM v. SUGGI ALIAS NAZMA BEGA:M: AND OTHERS (JAFER IMAM, A. K. SARKAR and K. N. W ANCHOO, JJ.) Habeas Corpus-Application for recovery of child-Duty of Court-Alternative remedy, if a bar-Principles applicabU-Crimi­ nal Procedure Code, z898 (V of z898), s. 49z. An under the Mohammedan Law the mother of an illegitimate female infant child is entitled to its custody. The refusal to restore such a child to the custody of its mother would result in an illegal detention of the child within the meaning of s. 49r of the Criminal Procedure Code. A dispute as to
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