Law: Criminal Procedure Code, 1898

Section: 491

Criminal Procedure Code, 1898 (V of 1898) S--491--Recovery of detenues (children)--Petitioner is entitled to custody of children as she is real mother and she is ready and willing to reside with children in her own house at Multan-In this way study of children could be continued at Multan—Custody of minors is handed over to petitioner-However, Respondent (husband) can take children and keep them at Multan instead of Khanewal in his house weekly from 12.00 noon Friday to 12.00 noon Sunday-This temporary arrangement will continue unless application filed before Guardian Judge is decided. [P. 484] A . Date of hearing: 24.4.2003.                                                                                                                                                     order Through this petition under Section 491 Cr.P.C. petitioner sought recovery of her daughters namely Qaisara Maryam aged about 13 years, Bint-e-Maryam aged about 10 years and Iqra Maryam aged about 7 years, from the alleged illegal custody of Respondent No. 2. 2. The brief facts of the case are that petitioner and Respondent No. 2 were married with each other and out of this wedlock Qaisara Maryam, aged about 13 years student of 8th Class, Mst. Bint-e-Mariyam aged about 10 years student of 6th Class and Mst. Iqra Bism aged about 7 years student of 3rd Class, were born and they are studying in Nishat Girls High School, Multan. It is claimed that Respondent No. 2 is in the habit of contracting marriages and the petitioner apprehends that her elder daughter may be married in exchange as Respondent No. 2 is interested to marry himself with a lady. Respondent No. 2 is working as Assistant Excise and Taxation Officer and is posted at Multan. On 16.2.2003 according to the petitioner at evening time, Respondent No. 2 visited the…