KHALIL AHMAD, J.---Petitioner filed an application under section 491, Cr.P.C. For the recovery of minor Umaiza aged about 1-1/2 years from the illegal custody of respondent No, 1 . The learned Sessions Judge, Faisalabad on 14-5-2008 directed the S.H.O. Concerned to conduct a raid, recover and produce the minor in Court on 17-5-2008. On 17-5-2008, the minor was produced in the Court and she was given in the hands of the petitioner.
' The Court observed that the minor was not feeling comfortable with her mother and as such dismissed her application and directed the petitioner to approach the Guardian Court, the forum of ultimate jurisdiction, related to such matters. Learned counsel for the petitioner has relied upon PLD 2004 SC 1 to argue that the custody of a girl emotionally attached to the father can be granted to the mother.
2. Today the minor has been produced in Court in the company of paternal grandmother and father. The learned counsel for the petitioner states that the minor is for the last one and half years with the father and is being properly looked after.
3. It is on record that she is suck baby and interest and welfare of the mi demands that custody be given to mother who has not married till date compared to the father. Keeping in view dictum in the case of Ahmed Sami and 2 others v. Saadiq Ahmed and another 1996 SCM R 268. This writ petition is allowed and the custody of the minor is handed over to the mother. The respondent can approach the Guardian Court for custody who shall decide the same keeping in view the welfare of the minor.