' GULZAR AHMED, J.---The petitioner had filed a petition under section 491, Cr.P.C. For recovery and custody of her two minor children namely Muhammad Anas, aged about 6 years and Arooj Fatima, aged about 4 years before the High Court. The High Court through the impugned order dated 12.04.2016 did not allow the petition.
2. The petitioner Mst. Tanveer Bibi is married to Basharat Ali, who is the son of respondent No,2 and brother of respondent No,3. Basharat Ali appears to be employed in Saudi Arabia and has left behind the petitioner and two minor children in the house of his father, respondent No,2 and .Brother, respondent No,3. It is alleged by the petitioner that she was being maltreated by respondents Nos.2 and 3 and also while snatching her two minor children she was turned out of their house.
3. In compliance to the earlier order of this Court dated 24.05.2016 the minors have been produced before the Court. The petitioner was allowed time to meet her minor children and subsequently when the matter was taken up again both the minors looked quite happy and contented with their mother. Nothing has been stated by respondents Nos.2 and 3 as to why the petitioner had to leave their house. In the circumstances where both the minors are of tender age and in the absence of their father, who has gone abroad, the mother is legally entitled to their custody, who is living with her father and brother. Therefore, keeping in view the welfare and best interest of the minors their custody is delivered to their mother, the petitioner. Consequently, the petition is converted into appeal and allowed in the above terms.