2009 PLP 1678 (YLR)

S. ALI HASSAN RIZVI, J.--Pursuant to the order, dated 20-4-2009 passed by this Court, the S.-I. Muhammad Amin has produced in Court Muhammad Awais (5) and Alisha Fatima (3-1/2). According to the version of the petitioner-mother, respondent No.3 (father) had thrown her out of his house and detained the minors; that she was not even being allowed to see them; and that earlier the petitioner approach the learned Sessions Judge, Sahiwal but his petition was dismissed on 24-2-2009. 2. Learned counsel for respondent No.3 argued that the petitioner-mother had herself left the house and that therefore, she was not entitled to custody without resort to the learned Guardian Judge. It was further argued that the minors were move attached to the father and were studying in the local school; and that the mother having not explained as to why she remained quiet for a long time, his custody of the minors could not be said to be illegal or improper. Reliance was placed on 2001 SCMR 1782 and 2005 YLR 1047 Lahore. 3. According to the version of the petitioner/mother she was thrown out by respondent No.3 from his house and detained to the minor children. She also had approached the learned Sessions Judge, Sahiwal by filing a petition under section 552, Cr.P.C. for recovery of the minors, on 23-2-2009 which was declined on 24-2-2009 on the ground that the minors are not ready to go with the petitioner-mother. In his view it was not a case of illegal or wrongful confinement. 4. The marriage in between the parties still continues. The petitioner has allegedly been recently expelled from the house of her husband/respondent No.3. The minors are of tender age and presently residing with the father-respondent No.3. They are naturally prone to his line as tutelage in his hand. The mother is a symbol of sacrifice for her children. There is no substitute for love and affection of the mother. The lap of the mother is a heavenly place. She has inherent right to keep her children close to her bosom and rear them up under her umbrella. The rulings referred to by learned counsel for respondent No.3 being in different situations were not apt similes. Keeping in view the age of the minors, their interim custody is directed to be handed over to the petitioner-mother as she cannot be deprived of their custody until and unless decided otherwise by the Guardian Judge concerned on proper showings as to the welfare of the minors. The police officer in attendance would provide assistance for safe recourse to the residence of the petitioner. H.B.T./S-90/L Order accordingly.