This is petition under Section 491, Cr.P.C. has been filed for recovery of minor children of the petitioner namely Kaynait (daughter aged about 7 years) and Rehan (son aged about 5M years), from the alleged illegal custody of Respondent No, 2 (their father).
2. In compliance of this Court's order dated 20.04.2012 Respondent No, 1 has produced the above mentioned detenus before this Court.
3. It is contended by the learned counsel for the petitioner that Respondent No, 2 forcibly snatched the above mentioned detenus from the lawful custody of the petitioner and custody of detenus with Respondent No, 2 is illegal and unlawful; that the life and health of the detenus is in danger in the custody of Respondent No, 2.
4. No one appeared on behalf of Respondent No,
2. Safdar, SI present in Court states that Respondent No, 2 had the information about the fixation of this case as the detenus were recovered from his house.
5. Heard.
6. The detenus namely Kaynait (daughter aged about 7 years) and Rehan (son aged about 5 years) are minor children of the petitioner. The first right of Hizanat of the detenus lies with the petitioner, being mother of the said detenus. It is settled law that mother's lap is God's own cradle. hi the. view of above discussion, custody of the detenus is handed over to the petitioner. Any how, Respondent No, 2 may file a petition under the Guardian and Wards Act, 1890 for the custody of minors, before the concerned Guardian Court, if he so desires. The learned Guardian Judge will decide the question of custody of minors, keeping in view the welfare of minors and relevant law on the subject, without being influenced by any observation made in this order, provided a petition is filed in this respect before him. With the above observations this petition stands disposed of.