GOHAR BEGAM vs SUGGI ALIAS NAZMA BEGAM AND OTHERS

The Supreme Court held that under Section 491 of the Code of Criminal Procedure, 1898, an unmarried Sunni Muslim mother is entitled to the custody of her illegitimate female child. The Court ruled that the refusal to restore custody would constitute illegal detention under Section 491. It emphasized that disputes regarding paternity are irrelevant in such applications and that the welfare of the child must be considered before making custody orders. The existence of an alternative remedy under the Guardian and Wards Act does not bar the remedy under Section 491.