MAHMOOD AHMED BHATTI, J.---Mst. Shakila Bibi, the petitioner filed this petition under section 491, Cr.P.C. For the recovery of Mst. Maryam Bibi aged 7, Ali Raza aged 4/5 and Ali Waris aged 3.
2. The petitioner alleged that on 18-12-2013 at about 3-00 p.m., Muhammad Shakeel, forcibly took the alleged detenues away when they were on their way home from the school. She made a passionate appeal that the detenues be recovered from the alleged illegal custody of Muhammad Shakeel, respondent No.2, delivering their custody to the petitioner.
3. Muhammad Shakeel, respondent No.2 appeared along with the alleged detenues. It is pertinent to mention that he is father of the alleged detainees. He was also represented by Messrs Waseem Sarwar Khan and Muhammad Shafique Advocates. It was refuted, denied and controverted by Muhammad Shakeel that he snatched and took away the minors. His stance was that the petitioner had left her house of her own accord and contracted the second marriage, and that she left the children behind to fend for themselves. It was, therefore, contended that the petitioner was carrying out deception and that all the allegations made by her in the instant petition were baseless, groundless and unfounded. They were sheer fabrication to bolster up her hollow case.
4. Mst. Maryam Bibi, one of the alleged detenues appeared to be quite intelligent. Contrary to the assertions made by the petitioner, she claimed to be of the age of 9. Even if it be assumed that she was tutored by her father or her grandmother, she was not attracted and drawn to the petitioner. In short, there was no love lost between her and the petitioner. She categorically denied all the allegations made by the petitioner. She even expressed hatred and aversion towards the petitioner. The other children also appeared well-fed and well-clad. Even they did not take a glance at the petitioner, and appeared to be attached to their father, Muhammad Shakeel. All these things aroused the suspicion of the Court. On a query, it was admitted by the petitioner that she had left the house of Muhammad Shakeel almost a year ago and that the alleged detenues have since been living with Muhammad Shakeel, respondent No.2. In other words, she retracted all her assertions and claims made in the petition. She simply implored that the custody of Ali Waris aged 3 be handed over to her. And, her wish was fulfilled, she would not be pressing the instant petition.
5. Emotions apart, it stands established that there is not a grain of truth in the assertions made by the petitioner that the minors were removed forcibly by Muhammad Shakeel, respondent No.2. On the other hand, it is admitted by her that she was married to another person. Although it is maintained by her that she was married to the Second person with the blessing of Muhammad Shakeel, her ex-husband so as to make her go through the motions regarding. Halala, where after she was to remarry her ex-husband after being divorced by the second husband, there is no proof to substantiate her allegation. But the fact remains that at present she is the wife of another person. In the circumstances; the question arose whether the custody of the minors could be handed over to her. I have pondered over this question and I am of the firm view that the wish of the petitioner cannot be granted. Firstly, the' petitioner herself abandoned her minor children almost a year ago, and she never attempted to establish contact with them, which reflects adversely on her conduct. Secondly, the alleged detenues appeared to be fond of their father, Muhammad Shakeel and their paternal grandmother present in the Cos a. Thirdly, the minors hardly recognize the petitioner as their mother. Fourthly, if they are wrenched apart, both their education and health would be seriously affected. Fifthly, if the custody of Ali Waris aged 3 is handed over to the petitioner, he would be brought up separately from his siblings, thereby depriving him of the company of his, elder sister and brother. Sixthly, it is never considered desirable by the Courts that one child is separated from his/her siblings to be reared alone. Finally, there are serious questions as to how the petitioner would maintain Ali Waris. Apparently, she has no source of any income, and if she has to sue Muhammad Shakeel for maintenance of Ali Waris, it is better that he be allowed to be brought up by his father as before.
6. For what has been stated above, the instant habeas corpus petition fails and is hereby dismissed.