Muslim Law—Hizanat (Custody)—Under Mohammedan law, the mother is ordinarily entitled to the custody (hizanat) of a male child until he attains the age of seven years, subject always to the paramount consideration of the child's welfare. (Para 12)

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1. Guardians and Wards—Habeas Corpus—Maintainability—A writ of habeas corpus is maintainable even where the minor child is in the custody of one of the parents, if the Court finds it necessary to examine the welfare of the child. (Paras 13–18)
2. Child Custody—Paramount Consideration—In proceedings relating to custody of a minor, the welfare and best interests of the child override the legal rights of the contesting parents. (Paras 11–18)
3. Natural Guardian—Character of Parent—The pendency of a serious criminal prosecution against a parent is a relevant factor in assessing the suitability of that parent for custody of the minor child. (Paras 11–12, 16)
4. Muslim Law—Hizanat (Custody)—Under Mohammedan law, the mother is ordinarily entitled to the custody (hizanat) of a male child until he attains the age of seven years, subject always to the paramount consideration of the child's welfare. (Para 12)
5. Tender Age Doctrine—Ordinarily, custody of a child of tender years should remain with the mother unless compelling circumstances indicate otherwise. (Paras 14, 16)
6. Compromise or Divorce Agreement—Custody Clause—A private settlement or divorce agreement assigning custody is not conclusive in habeas corpus proceedings, where the Court is primarily concerned with the immediate welfare of the child. (Paras 10, 18)
7. Scope of Habeas Corpus in Child Custody—While exercising habeas corpus jurisdiction, the Court does not finally adjudicate the legal rights of the parties to custody; the order remains subject to the decision of the competent civil court. (Para 18)