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Criminal Miscellaneous No. 75/H of 1986, decided on 15th June, 1986.
‑‑S. 491‑‑Custody‑‑Minor girls taken away by father from custody of their mother who was confined to bed‑‑Father of children admitting that they were taken away by him about twenty days back while they were living with their mother for last six months and were studying there‑ Held, father had not taken custody' of children in lawful manner‑ Custody of children restored to mother without prejudice to right of father to move the Family Court.
Mst. Fakhrunnisa for Petitioner.
Detenu in Person.
Muhammad Zawar Shah for Respondent.
Date of hearing: 15th June, 1986.
Mst. Naushabah Tabassum petitioner has moved this petition under section 491, Cr.P.C. praying that her minor daughters, namely, Kiran Hashmi and Nida Hashmi, who are being illegally detained by their father Ghulam Madni, be got recovered and their custody be handed over to her. Her case is that the respondent had been consistently maltreating her and in February, 1968 he turned her out when she was in family way and she started living in the house of her parents. The respondents got annoyed and took away both the minors, namely, Kiran Hashmi aged five years and Nida Hashmi aged four years, without her consent, when she was confined to bed due to the delivery of a child. On inquiry, the respondent states that he took away both the minors from the house of the petitioner about twenty days back and prior to that they were with their mother for six', months and were studying in Saint Joseph School. Prima facie, there is substance in the submission that the respondent had not taken the custody of the children in a lawful manner. In the circumstances, the custody of both the minors is handed over to the petitioner. This is, however, without prejudice to the rights of the parties to have resort to the Family Court for their custody.
M.Y.H./N‑20/L Petition allowed.
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