MUNIR A. SHEIKH J.- Respondent No. 5 has appeared. He says that out of the wedlock nine children were born, all of whom are with him. He says that the petitioner after obtaining decree for dissolution of marriage has contracted second marriage and he has no intention to cause any harassm ent to her as now he has no connection with her.
2. Rashid Ahmad, Inspector, Police Station Ferozewala, says that neither he nor other respondents have ever harassed the petitioner and have no intention in future to harass her because no criminal case has been registered against her or any of her relatives. He has given clear undertaking that no harassm ent shall be caused by him and the other respondents to the petitioner.
3. The petitioner says that two out of the nine children were with her and they have been snatched away by respondent No.5 with the help of Police therefore a case for abduction of the said two children may be ordered to be registered.
4. In view of the above facts, I am not inclined to exercise my discretion in favour of the petitioner for registration of case because the dispute is of civil nature between the father and the mother regarding the minors about their custody. It is highly doubtful if in these circumstances it can be presumed that two children were with the petitioner who are said to have been forcibly snatched away by respondent No J who is admittedly their father whereas the petitioner is residing with her second husband to whom she has married after divorce. The petitioner may seek remedy for recovery of custody of the children under section 25 of the Guardian & Wards Act if she is so advised.
5. The writ petition is hereby dismissed with no order as to costs.