Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 491---Habeas corpus petition---Custody of minor children who were in the custody of father---Mother failed to establish in the Court that she was actually divorced by the father of minor children and she had remarried with some other person---Person statedly to be present husband of the mother of minors had murdered a paternal uncle of the minor detenus---Appropriate course for the mother was to approach the Guardian Judge for the custody of the minors as *the Guardian Judge would be in a better position to attend to all the factual details of the case, so as to arrive at a conclusion about the welfare of the minors and their custody---High Court declined to interfere with the custody of the minors in circumstances. Ahmad Sami v. Saadia Ahmad 1996 SCMR 268 and Mst. Shehnaz Khawaja v. Riaz Nasir Khawaja 1996 MLD 24 ref. ORDER In compliance with this Court's order, dated 12-2-1999 respondents Nos. l and 2 have produced the petitioner's minor children, namely, Muhammad Naeem, Muhammad Waseem and Maria Bibi before this Court today. 2. The necessary facts leading to the present petition under section 491, Cr.P.C. are that in the year 1991 the present petitioner had contracted marriage with Sajjad Hussain, brother of respondent No.l herein, and from this wedlock three children i.e. the present alleged detenus were born. On 20-1-1997 allegedly Sajjad Hussain had divorced the present petitioner and statedly on 20-5-1997 the petitioner had contracted marriage with one Muhammad Iqbal. It is alleged in the present petition that on 8-2-1999 respondent No.1, brother of the petitioner's former husband, had deceitfully taken away the three minor children of the petitioner and had subsequently refused to restore them to the petitioner. This had necessitated the filing of the present petition by the petitioner before this Court. 3. It has been argued by the learned counsel for the petitioner that the petitioner is the real mother of the three minor detenus and the detenus' deceitful removal from her custody attracted the jurisdiction of this Court under section 491, Cr.P.C. In this -regard the learned counsel for the petitioner has…

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