' ALI BAQAR NAJAFI, J.--- Through this habeas petition under section 491, Cr.P.0 the petitioner seeks the recovery of the minors/detenus, namely Maryam Ahsan aged 12/13 years, Kiran Ahsan aged 10 years, Rabia Ahsan aged 8 years, Danyal Ahsan aged 7 years and Aqsa Ahsan aged 5 years from the illegal and unlawful custody of respondents No,. 2 and 3.
2. Brief facts giving rise to filing of this petition are that on 22.7.2013 respondents No,. 2 and 3, who happened to be the father-in-law and brother-in-law of the petitioners/respectively snatched the detenus from the petitioner and, therefore, prays for their custody.
3. The SHO Police Station Factory Area, Lahore was directed to produce all the minors before this Court, who have been produced today.
4. Learned counsel for the respondents No,. 2 and 3 submits that the petitioner was married with Ahsan who died in the year 2009, whereafter she is being provided all the necessities of life; that the minor Aqsa Ahsan is living with her paternal aunt (phupho) since her birth and who could not even recognize the petitioner; that the petitioner was living with the minors at the house of respondents No,. 2 and 3 but has filed the petition with ma/a fide intentions.
5. On the other hand, learned counsel for the petitioner has reiterated his stand that the minors must accompany the petitioner who is their real mother and natural guardian; that the eldest daughter, namely, Maryam Ahsan is being forcibly married to one Muhammad Naseem and, therefore, she may also be given to the petitioner; that the minors are of tender age and particularly the girls require constant attention of the mother.
6. I have heard the learned counsel for the parties and perused the available record.
7. It appears that after the demise of Ahsan, the husband of the petitioner, she alongwith the minors has been living with respondents No,. 2 and 3. It seems that she was ousted but her children have been retained by the respondents No,. 2 & 3. The mother is the best person to take care of the female children. I, therefore, order that the minors, namely, Maryam Kiran Ahsan, Rabia Ahsan and Danyal Ahsan should accompany the petitioner. As far as Aqsa Ahsan is concerned, who was stated/brought up by her Phupho, she will stay with her. However, the petitioner, if so advised, may file a petition for her custody before the Guardian Court.
8. Disposed of.