A man who, being lawful guardian, takes away his child from the mother’s custody should not be charged with kidnapping, the Lahore High Court (LHC) has declared.
Justice Ali Zia Bajwa of LHC Bahawalpur Bench declared in his judgment issued on Saturday, “This court affirms the view that the police authorities have no jurisdiction to interfere with a matter purely of family nature, especially, relating to the custody of minors between their parents.
Father and mother cannot prosecute each other on the charge of kidnapping of their own minor children.”
Allowing the review petition of the husband, the court set aside an additional district & sessions judge’s order of January 29 with a direction to the SHO concerned to record the statement of his wife under Section 154 of Criminal Procedure Code (CrPC).
Published in The Express Tribune, March 20th, 2022.
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