Writ Petition for custody of minors (against order in 491 CrPC)

Writ Petition for custody of minors
Writ Petition for custody of minors 

In the name of ALLAH, the most beneficent, the most merciful


Format of Writ Petition against acceptance of petition under section 491 Cr.PC for recovery / custody of minors


If court accepts petition under section 491 Cr.PC for recovery of minor children in favour of any parent, the aggrieved parent can file writ petition before the Honourable High Court for setting aside order of session court and for custody of minors.







Muhammad Sabeel Qureshi son of Mehmood Alam  resident of House No. 1, Street No. 4, Mohallah Shah Chan Chiragh, Rawalpindi







1.      Learned Addl. Session Judge Rawalpindi

2.      Rabia Yaseen wife of Muhammad Zafran resident of Chak No.22, Bagowal, Tehsil Malikwal, District Mandi Bahauddin, presently residing at Tehsil and District Jhelum  

3.      Station House Office P.S                District Jhelum







Respectfully Sheweth:-


1.   That the addresses of the parties for the purpose of service are the same as given in the heading of the petition.


2.   That the brief facts of the writ petition are that the respondent No.2 filed a petition under section 491 Cr.P.C. against the petitioner contending therein that the marriage of the petitioner with respondent No.2 was solemnized on 05.12.2009, in lieu of dower amount of worth Rs.1,000/- on presence of witnesses.  During the wed lock period five children namely ___________ were born and respondent No.2 at her level best performed obligations towards the matrimonial life and also tolerated all the rough and insulting attitude of the petitioner as well as his other family who time and again instigated the petitioner against the respondent No.2 and just on such interference,  the petitioner became harsh and starting severely beating the respondent No.2 and also above minor children without any justification and reason just on the petty matters but on the other hand being eastern lady and also to save her matrimonial life respondent No.2 nothing made any complaint regarding such insulting and misbehaved attitude on the part of petitioner and made lot of efforts to change the attitude of petitioner but he paid no any heed in this regard, resultantly 3 / 4 months prior the petitioner without any reason and justification after severe physical torture as well as snatching the entire gold ornaments as well as dowry articles of respondent No.2. It is pertinent to mention here that on such time of desertion the petitioner on behest of other snatched and retained the above minors.  


3.   That the Learned D/Addl. Sessions Judge Rawalpindi accepted the petition under section 491 Cr.P.C file by the respondent No. 2 and passed order dated 03-04-2021.


4.   That the impugned order dated 03-04-2021 passed by D/Addl. Session Judge Rawalpindi is against the law and facts of the case and the same is liable to be set aside on the following amongst others-





A.               That the impugned order is against law and facts of the case and is not sustainable in the eyes of law.


B.              That out of 5 minors three namely ___________respectively are students at ___________situated at ___________where education and stationary are also provided to minors free of cost. Furthermore, the said School is quite near to residence of the petitioner but the learned trial court did not consider this fact and passed the impugned order which resultantly effected the education of the minors.


C.              That the petitioner during proceedings before respondent No. 1 also filed the counter affidavit and hotly contested the petition under section 491 Cr.P.C filed by the respondent No. 2 but respondent No. 1 did not consider the stance of the petitioner and in haphazard and slip shod manner has decided the matter and even did not record the statements of minors, hence the impugned order has not passed on merits resultantly it has no value in the eyes of law.   


D.              That the contents of petition under section 491 Cr.P.C moved by the respondent No. 2 itself reveals that the minors were not removed from the lawful custody of respondent No. 2 being real mother, therefore it’s not a matter of urgency and since last nine months the minors are still residing with the petitioner, thus the petition filed by the respondent No. 2 does not meet with the requirements provided in section 491 Cr.P.C and minors were in lawful custody of the petitioner/ father.


E.              That respondent No. 1 is still ready to reconcile the matte right now with the respondent No. 2 and ready to Abad her from the court premises just to save his matrimonial life and future of minors.


F.               That the house of the parents of respondent No. 2 is _____, which is backward area having no proper facilities but the learned trial court ignored this fact and passed the impugned order which effected badly to the studies and upbringing of the minors.


G.             That the respondent No.2 is an illiterate lady presently has no source of income and is living on the mercy of others i.e. father and other family members, which is adversely affecting the minors.


H.              That the petitioner being real father and natural guardian is entitled to the custody of the minors.


I.                  That the petitioner is in a better position to look after and bring up the minors than the respondent No. 2.


J.                That the minors have not been recovered by the concerned police officials rather they were peacefully residing with the petitioner since last 9 months.


K.               That atmosphere of respondent No.2 parental home is not conducive for supreme welfare of the minors.


L.               That the respondent No. 2 while filing petition under section 491 Cr.P.C against the petitioner concealed the actual facts and got the impugned order in her favour by misleading the respondent No. 1.


M.             That the impugned order is based on conjectures and surmises and the same is liable to be set-aside.


N.              That the impugned order is not speaking judicial order and not based on reasoning rather this is based upon assumptions and presumptions.


O.             That the impugned order is not sustainable in the eye of law.


P.              That the Learned Court below failed to appraise the material available on record in its true perspective.


Q.             That impugned order is result of illegalities and irregularities which resulted into grave mis-carriage of justice.


R.              That the impugned order is result of mis-reading and non-reading of material available on record.


S.              That the Learned Courts below exercised the jurisdiction not vested in it and did not exercise the jurisdiction vested in it.


T.               That the impugned order has been passed in a post haste and arbitrary manner, thus are not sustainable in the eye of law.


U.              That the Learned Court below did not view the case from it’s right angle and reached a wrong conclusion.


V.               That the petitioner reserves the right to agitate further grounds and to produce the judgments relating to this matter for your kind assistance.


5.   That the petitioner has no other alternative remedy available to the petitioner, except to invoke the constitutional jurisdiction of this Honorable Court.





It is, therefore, respectfully prayed that this writ petition may kindly be accepted and the impugned order dated 03.04.2021 passed by D/Addl. Session Judge Rawalpindi may kindly be set aside and for betterment of the minors, the custody of the minors may kindly be handed over to the petitioner, in the interest of justice.


Any other relief which this Honorable Courts deems fit and proper may also be awarded to the petitioner.











As per information, it is certified that this is the first writ petition in this Honorable Court on subject matter against the impugned notice.



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