' SARDAR MUHAMMAD RAZA KHAN, J.---Petitioner Mst. Naushaba and respondent No,1 Khalil Ahmad Rabbani were wife and husband. Out of the children, one minor-was snatched by the respondent- husband, whereupon the petitioner-mother filed a habeas corpus petition under section 491, Cr.P.C.
Another point of contention between the parties was that the husband had contracted a second marriage. The husband gave a statement before the High Court that he had not contracted another marriage but subsequently he admitted that though it was contracted yet not consummated.
2. The wife initiated proceedings under section 476, Cr.P.C. But the Honourable Lahore High Court, vide its judgment dated 27-1-1999, refused to initiate proceedings against the respondent and hence this petition.
3. At the very outset it may be remarked that the petition is barred by 76 days for which no plausible explanation is forthcoming. In order to satisfy their personal vendetta the parties some time tend to use the Courts. The same attitude was discouraged by the High Court in the impugned order. Moreover, when once the High Court has exercised its discretion and has refused to take cognizance, it does not appear befitting, in the circumstances, that the Court be forced to do so. If the lady has any grievance about any second marriage without her consent, there are other remedies in law as well.
4. With these remarks, the petition is dismissed and leave to appeal is refused.