--Petitioner mother impugned orders passed under S.491, Cr.P.C. and S.25 of Guardians and Wards Act, 1890 whereby custody of her minor children was given to father and stepmother-

 2021 M L D 957

Guardians and Wards Act (VIII of 1890)---

----Ss.25 & 12 ----Criminal Procedure Code (V of 1898), S.491---Custody of minors---Habeous corpus---Welfare of minors, determination of---Petitioner mother impugned orders passed under S.491, Cr.P.C. and S.25 of Guardians and Wards Act, 1890 whereby custody of her minor children was given to father and stepmother---Contention of petitioner, inter alia, was that welfare of minors could only be assured if custody was given to mother---Validity---No ground for disqualification of mother to have custody of children, under Islamic Law, was attracted in the present case and father of minors was admittedly living abroad and thus it could not be presumed that he could take care of them on his own---No one could be a better guardian than a mother, and thus custody of minors should be with mother---Impugned orders were set aside and High Court directed respondents to handover custody of minors to petitioner/mother---