Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 491--Afghan refugee--Custody of minors--Petitioner filed petition u/S. 491, Cr.P.C. for custody of minors, which was dismissed--Respondent contended that petitioner herself had abandoned children--High Court observed that despite leaving minors in company of petitioner, they could not be eased up and remained crying throughout--Validity--Petitioner is a afghan refugee and has no reliable reference--It is apprehended that petitioner may vanish with children without any trace leaving respondent in complete lurch--Behaviour of children as recorded in impugned , both of children have expressed their dislike for her by twitching and biting her which, gave way to apprehend that children, at least for now, cannot live with petitioner happily, and their custody with petitioner shall not be conducive for their welfare and healthy development--Furthermore, there is no guarantee that she will not remove children from jurisdiction of supreme Court and take away children across border--Disposed of. THIS ORDER PASSED BY: MAQBOOL BAQAR, J.- The petitioner, who is a mother of two minor children, namely, Haleema Nawaz (daughter), aged about 3½, and Muhammad Hussam Nawaz (son), aged about 5 years, has filed the present petition against the judgment dated 30.8.2016, whereby a learned Single Judge of the Lahore High Court dismissed her petition under Section 491,Cr.P.C. In. her said petition she has alleged that her husband, the Respondent No. 1, with whom she was living with the minor children, turned her out of the house, and kept the children with him. However, through the impugned judgment, the learned Judge, whilst noting that during the proceedings, the minors were not inclined even to listen to the petitioner, and although on the orders of the Court the minors were left in the company of the petitioner for quite a while, but could not be eased up and remained crying throughout. They continued crying even when, the matter was taken up for hearing. The learned judge further noted that according to the Respondent No. 1, the father of the minors, the petitioner has herself abandoned him and the children a year aback, whereas…

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