1. Mst. Naushabah Tabassum petitioner has moved this petition under section 491, Cr.P.C. Praying that her minor daughters, namely, Kiran Hashmi and Nida Hashmi, who are being illegally detained by their father Ghulam Madni, be got recovered and their custody be handed over to her. Her case is that the respondent had been consistently maltreating her and in February, 1968 he turned her out when she was in family way and she started living in the house of her parents. The respondents got annoyed and took away both the minors, namely, Kiran Hashmi aged five years and Nida Hashmi aged four years, without her consent, when she was confined to bed due to the delivery of a child.
2. On inquiry, the respondent states that he took away both the minors from the house of the petitioner about twenty days back and prior to that they were with their mother for six', months and were studying in Saint Joseph School. Prima facie, there is substance in the submission that the respondent had not taken the custody of the children in a lawful manner. In the circumstances, the custody of both the minors is handed over to the petitioner. This is, however, without prejudice to the rights of the parties to have resort to the Family Court for their custody.