ORDER KHALID PAUL KHAWAJA, J.- This is an application under section 491 Cr.P.C, for the recovery of the minor children of the petitioner from the improper custody of respondent No. 3.
2. The relevant facts are that Mst. Bushra petitioner was married to one Abdul Ghafoor the brother of Manzoor Ahmed respondent No. 3 about eight years back. Out of the wedlock a daughter namely, Raabia aged 4-1/4 years and a son Abdul Shakoor aged 3 years were born. The said Abdu)
Ghafoor, however, was murdered. Later on Nikah between the petitioner and respondent No. 3 was performed and they were blessed with a daughter Mst. Noor Shama. Relations between the spouses became strained as a result of which respondent No. 3 divorced the petitioner on 28-3- 1994. The petitioner has alleged that on 23-6-1994 respondent No. 3 snatched away her three afore-mentioned children. She, through the present application under section 491 Cr.P.C, has prayed for the recovery of the aforesaid children and production in Court so that they could be dealt with in accordance with the law.
3. Today, Abdullah father-in-law of the petitioner has produced in Court his son Manzoor Ahmed respondent No. 3 and grand children Mst. Raabia, Abdul Shakoor and Mst. Noor Shama.
4. I have heard the parties and their learned counsel.
5. The three children are of tender age. Mst. Raabia was bom on 14-7-1988, Abdul Shakoor was bom on 9-3-1990 while the date of birth of Mst. Noor Shama is 11-12-1992. Prima facie the petitioner being their mother has the right of their custody. She is in a better position to look after them. Her affidavit wherein she has alleged that respondent No. 3 had forcibly taken away the minors from her custody has not been controverted. Consequently, I deliver the custody of the afore-mentioned children to her.
6. However, Abdullah, grand-father of the children Manzoor Ahmed respondent No. 3 and even Mst.
Bushra the petitioner would be at liberty to approach the Guardian- Court for the custody of the said children. Till the Guardian Court makes an appropriate order the petitioner shall retain the custody of the said children.
7. In view of what has been stated above the application is disposed of.