' MUNIR AHMED CHAUDHARY, J.---The above captioned Habeas Corpus petition has been filed under section 491 Cr.P.C, through which custody of minor son of the petitioner has been sought.
2. It has been stated that one minor son namely Muhammad Ayan aged fourteen (14) months was born out of the wedlock of petitioner and respondent. The relations between the spouses became strained and the respondent took the minor son with him and went to his parents house situated at. Village Barrhing District Bhimber. The minor son needs attention of the petitioner being his mother. It was further stated that the petitioner can afford the expenses of her minor son. Due to this, she is facing mental torture and unrest. The petitioner stated that the life of her minor son is in danger as well. An affidavit has been submitted with the instant application in support of version of the petitioner. The petitioner is living with her parents and she can afford the expenses of minor son. A prayer has been made to issue directions to the concerned authorities to produce the minor son of the petitioner before the court and to hand over him to the petitioner.
3. Notices were issued to the respondent and the concerned S.P. Bhimber (Mr. Kamran Ali) was directed to produce the minor son of the petitioner before the court. The respondent was also directed to appear before the court in person. Mr. Kamran Ali S.P. Bhimber produced the minor son of the petitioner along with his father before the court. The petitioner and her husband narrated their versions in the open court. The learned counsel for the petitioner stated that the petitioner's husband took the minor to his parents house by force. The minor son aged fourteen (14) months was deprived of from affectionate and loving hands of his mother. The learned counsel for the petitioner requested to hand over the minor son of the petitioner to his mother/petitioner.
Respondent/Muhammad Yameen/father of the minor stated before the court that he being father, a natural guardian of the minor son is very much entitled to his custody and to keep his son with him is not illegal, therefore, he should not be deprived of his minor son
4. After hearing the parties and considering the situation at the moment, I have gone through the relevant law minutely. It is an admitted principle of law that in the matters of custody of minors, welfare of minors is always a paramount consideration. Welfare of the minors, of course needs an inquiry based on facts and only then, it can be determined after providing a chance to both of the parties to produce their evidence. This court has to look into the interim custody of the minors till the matter of their custody is thoroughly considered and determined by the court of competent jurisdiction.
5. The relations between the petitioner and respondent have become unpleasant and indicate that they cannot live together cordially as husband and wife in future. It seems just and proper that in the prevailing situation, the minor son should be handed over to his mother till final determination of the question of custody by the competent court. In such-like situation, the matter of custody of minor should be settled promptly in accordance with law after considering the situation prevailing between the parties.
' Having in view the circumstances discussed above, the instant petition is allowed and the minor son is handed over to his mother/petitioner. The father/respondent has got a right to claim a remedy for custody of his minor son before the court of competent jurisdiction. The petition stands disposed of in the terms indicated above.