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Children taken by force are returned to the mother pending the Guardian Court
Naseem Bibi v. Addl. Sessions Judge Sheikhupura and four others Lahore High Court W.P. No. 47080 of 2026 2026 LHC 5605 Decided Justice Ghulam Sarwar Nihung (Lahore)
Judgment at a glance
- Legal issue
- Can a Sessions Judge refuse a mother's section 491 petition only because her children (about 16, 11 and 9) are not of tender age and are now with their father?
- Decision
- No. Section 491 also covers custody that is 'improper', and the remedy is not barred because the Guardian Court is available. The mother came to court at once alleging the father had forcibly taken the children from her on 20 July 2026, and an earlier habeas petition by the paternal grandmother to recover the children from her supported her account that they had been living with her. The Sessions Judge had to examine that allegation instead of relying on age and the father's status as natural guardian. The order was set aside and custody restored to the mother forthwith, as an interim arrangement only; the Guardian Court is to decide permanent custody on welfare, considering the preference of any child able to form one.
- Key principle
- Jurisdiction under section 491 CrPC cannot be refused by a rigid rule that it is available only for suckling or tender-age children; where a parent promptly alleges forcible removal from her actual custody, the court may restore the earlier position as an interim measure, leaving permanent custody to the Guardian Court.
- Outcome
- Allowed
- Relevant law
- Code of Criminal Procedure 1898, s.491; Guardians and Wards Act 1890, s.17; Guardians and Wards Act 1890, s.25; Constitution of Pakistan 1973, Art. 199
- Why it matters
- Act immediately after a forcible removal: a prompt petition supports restoring the earlier position.
- A child's age, or the fact that the child is now with the father, is not by itself a reason to refuse a section 491 petition.
- The section 491 order is interim; pursue the guardianship case for a final decision on custody.
Cite as: Naseem Bibi v. Addl. Sessions Judge Sheikhupura and four others, 2026 LHC 5605, Lahore High Court, W.P. No. 47080 of 2026, decided 28 August 2026
Case details
- Case
- Naseem Bibi v. Addl. Sessions Judge Sheikhupura and four others
- Court
- Lahore High Court
- Bench
- Justice Ghulam Sarwar Nihung (Lahore)
- Date of decision
- Case number
- W.P. No. 47080 of 2026
- Citation
- 2026 LHC 5605
- Outcome
- Allowed
- Statutes considered
- Code of Criminal Procedure 1898, s.491; Guardians and Wards Act 1890, s.17; Guardians and Wards Act 1890, s.25; Constitution of Pakistan 1973, Art. 199
- Topics
- Custody
Sources
- Official text
- Judgment PDF (court website)
- Our saved copy
- PDF, saved
- How this summary was made
- Summary from the full judgment
- Official text read on
- Note on the text
- The Additional Sessions Judge, Sheikhupura dismissed the mother's petition on 27 July 2026, holding that the children were not of tender age and were with their father. The father said he had already applied to the Guardian Court. The paternal grandmother's earlier habeas petition (W.P. No. 61738 of 2025) was withdrawn. Para 16 refers once to 'respondent No.2' taking the children; elsewhere the father is respondent No.3. Announced, dictated, prepared and signed on 28 August 2026. Approved for reporting. Short summary checked against the order.
- Cite this summary
- PK-Legal & Associates, "Children taken by force are returned to the mother pending the Guardian Court", summary of Naseem Bibi v. Addl. Sessions Judge Sheikhupura and four others, 2026 LHC 5605, Lahore High Court, W.P. No. 47080 of 2026, decided 28 August 2026, https://pklegal.org/judgments/lhc-2026-5605-restore-custody-section-491/ (reviewed 3 November 2026).