' This is an application under section 491, Cr.P.C. Moved on behalf of Mst. Fouzia Farid seeking production of her minor daughter Rida Anmol (aged four years) from the improper custody of respondent No,3.
2. The petitioner was married to respondent No,3 five years ago. She alleged that she was forced to leave the house of her husband six months after her marriage and take refuge in the house of her parents with a baby in her womb. She was divorced on 21-7-1999. Two years ago she contracted marriage with Zafar Iqbal. In these circumstances, Rida Anmol has been living with the petitioner, her parents and Zafar Iqbal since her birth. The petitioner alleged that on 12-9-2002 at about 1-30 p.m. Rida Anmol was on her way back to her home from her school when she was taken away by respond is Nos.3 and 4.
3. Muhammad Javed (respondent No,3) has produced Rida Anmol pursuant to the direction of this Court.
4. Learned counsel for the respondent submitted that the petitioner herself had given the minor in the custody of the respondents on 31-7-2000 under an agreement as she wanted to contract second marriage, which she could not do so without obtaining a certificate of divorce from the Union Council concerned. He produced a photocopy of the agreement dated 31-7-2000 allegedly executed by the petitioner at that time when she gave the minor in the custody of the respondents.
The petitioner has denied the execution of the agreement. According to her, it is a forged document. Respondent No,3 has not denied to have given Talaq in writing on 21-7-1999. His plea is that formal proceedings in the Union Council were conducted in July, 2000 before the execution of agreement dated 31-7-2000.
5. I have considered the arguments put forth by the learned counsel for the parties. I have no doubt in my mind that the petitioner had been divorced by respondent No,3 on 21-7-1999. The Talaq had become effective after the expiry of the period of Iddat from the date of Talaq. The scribe of the agreement dated 31-7-2000 produced by the respondent is not known. The purported signatures of the petitioner appearing on the back of the stamp paper appears to be different from the signatures of the petitioner appearing under the name of the petitioner on the agreement. Rida Anmol is not more than four years of age in any case. The petitioner has appended a certificate issued by the Principal, Hira Middle School, Faisalabad Road Chichawanti, which shows that the minor last attended her school on 12-9-2002. Prima facie, Rida Anmol appears to have been removed from the custody of the petitioner as alleged by her in this petition. In view of her tender age, I consider it just and proper to give her in the custody of the petitioner. This petition succeeds.
Respondent No,3 has handed over the custody of the minor to the petitioner. He may approach the competent Court for obtaining the custody of the minor under the Guardian and Wards Act, if so advised.