' MUHAMMAD 'MUZAMMAL KHAN, J.---Instant petition under section 491, Cr.P.C. Prayed for recovery of Aneesa Jannat of the age of 6 years and Fahim Sikandar of the age of 4/5 years, the minor children of the petitioner, from the custody of respondent No.2, their paternal uncle. It was claimed that petitioner, who is mother of the minors, having already been divorced by father of the minors, is entitled to their custody, because father is living abroad in connection with his employment there.
2. On notice by this Court, respondent No.2 along with his mother, who is paternal grandmother of the minors, appeared and produced both the minor children before this Court. According to grandmother of the minors, petitioner was leading immoral life, hence was divorced by her son and thereafter she entered into second tie of marriage with one Muhammad Amir, thus she is disqualified to have custody of the minors, who are living with her for the last about 3/4 years and are attached with her. Minors who appear to be sensible, on Court's query, opted to live with their grandmother, thus without going into allegations against the petitioner, I refrain to invoke my jurisdiction under section 491, Cr.P.C. Because the children appear to be much familiar to grandmother as compared to the petitioner.
3. Petitioner has also placed on record copy of the order, dated 1-7-2003 giving custody of the minors to her. She could not satisfy as to how and under what process of law; she got the custody of the minors from paternal relations, of which she now claims to have been deprived. Without going into the allegations levelled by previous mother-in-law of the petitioner, I refrain to invoke my jurisdiction undersection 491, Cr.P.C. So that petitioner may approach the Guardian Judge concerned for execution of his order, dated 1-7-2003. This petition, for the reasons noted above, is dismissed.