Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 491---Habeas corpus petition---Custody of minors---Petitioner who was mother of minors, had filed petition for their recovery from their father---One of the minors, daughter aged 9 years, appeared to be quite intelligent, was not attracted and drawn to petitioner/mother and denied all the allegations made by the petitioner---Daughter even expressed her hatred and aversion towards the mother---Other minors, also appeared well fed and well-clad; they also did not take glance at the mother/petitioner, and appeared to be attached to the father/ respondent---All such things created suspicion in the eyes of the court---Emotions apart, it stood established that there was no truth in the assertions made by the petitioner/mother that minors were removed forcibly by father---Petitioner had admitted that she was married to another person---Wish of the petitioner could not be granted for the reasons; that petitioner herself abandoned her minor children almost a year ago, and never attempted to establish contact with them, which reflected adversely on her conduct; that minors appeared to be fond of their father and their paternal grandmother; that minors hardly recognized the petitioner as their mother; that if they were wrenched apart; both their education and health would be seriously affected; that, if the custody of minor aged 3 years was handed over to the petitioner, he would be brought up separately from his siblings, thereby depriving him of the company of his elder sister and other minor brother; that, it was never considered desirable that one child was separated from his/her siblings to be reared alone; and that there were serious questions as to how the petitioner would maintain minor son as she had no source of any income; and if she had to sue respondent for maintenance of minor son, it was better that he be allowed to be brought up by respondent/father as before. ORDER MAHMOOD AHMED BHATTI, J.---Mst. Shakila Bibi, the petitioner filed this petition under section 491, Cr.P.C. for the recovery of Mst. Maryam Bibi aged 7, Ali Raza aged 4/5 and Ali Waris aged 3. 2. The petitioner alleged that on 18-12-2013 at about…

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