- (1.) BARKAT A. N. Zaidi, J. Through this Habeas Corpus petition, a mother seeks custody of her two minor children who are boys aged about 4-1/2. and 2-1/2 year.
(2.) THE husband is the respondent. Heard Sri M. S. Haq, Counsel for the petitioner, Sri I. K. Chaturvedi, Coun sel for respondent No. 3 and Sri Mohammad Israil Siddiqui, Addl. Government Advocate for respondent State. Differences arose between the couple leading to litigation. The wife lodged an F. I. R. under Sections 498-A, 323, 1. PC. and Section 3/4 Dowry Prohibition Act requesting that a case be instituted under the said sections against the respon dent-husband and other members of his family, while the husband instituted a suit for restitution of conjugal rights. An application under Section 482, Cr. PC. by the husband and his family was filed in the High Court in connection with the case under Section 498-A, 323, I. PC. read with Section 3/4 Dowry Prohibition Act which was referred to the Reconciliation Centre and the proceedings were stayed. Efforts for reconciliation failed to fructify.
(3.) THE children for the present are with the father-respondent No. 3 for the last more than a year and are said to be doing well. THE elder son Mohammad Maaz is four and a half year old and is studying in a school and the relevant documents about the same have been filed. It has been clarified that sister of the respondent-husband and the mother are both looking after the children very meticulously and with great care and affection. In her reply the mother had not referred the facts about the children being not adequately looked after by the respondent's sister and mother. She has only laid stress on the right of 'hizanat1 under the Muslim Law and the prominence of his motherhood.;