M.A. ZAFAR, J.--- This is the second petition under Section 491, Cr.P.C. On behalf of Mst. Razia Bibi for getting the custody of her minor children from her husband Abdul Hameed. In earlier application Crl. Misc. No. 104-H-08 vide order dated 13.2.2008, the petitioner's son Muhammad Jamil was allowed to live with his father but the custody of Muhammad Tanveer and Muhammad Naeem aged 10 and 8 years respectively as well as two daughters namely Sanam @ Sana and Anam Bibi aged about 4 years and 2 years respectively was given to the petitioner by this Court. According to the allegations suit filed by the petitioner seeking dissolution of marriage had already been decreed by the learned Judge Family Court, Lahore. As per averments of the petition, the respondent took away four children, who were given to her by the this Court and they are with him.
Needless to mention here that the eldest child Muhammad Shakeel aged 14 years and Muhammad Jamil aged 12 years are already with the respondent No. 2.
2. In pursuance of the order dated 6.7.2009 passed by this Court, the respondent No. 2 had produced Muhammad Naeem aged 8 years, Sanam alias Sana aged 4 years and Anam Bibi aged two years in the Court and the respondent No. 2, after leaving children with the petitioner, left the Court on the pretext of bringing his counsel and despite repeated calls, he has not turned up. Most probably due to the fear that he may not be' taken into custody on account of violating the order passed by this Court in earlier habeas corpus petition. Keeping in view all the facts and circumstances of the case, the custody of the minors Muhammad Naeem, Sana and Anam is once again restored to the petitioner, who is their mother. Regarding the 4th child namely Muhammad Tanveer, who was earlier in her custody, she may take appropriate action in accordance with law for its restoration.