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Petitioner: MUHAMMAD TARIQ VS Respondent: STATION HOUSE OFFICERHonorable Justice Sardar Ahmad NaeemHumayoun Syed Rasool,Malik Zafar Mehboob Langrial
2020 Y L R Note 6 [Lahore (Multan Bench)] Before Sardar Ahmad Naeem, J MUHAMMAD TARIQ---Appellant Versus STATION HOUSE OFFICER and others---Respondents Writ Petition No. 18060 of 2018, decided on 22nd January, 2019. Criminal Procedure Code (V of 1898)--- ----S. 491---Habeas corpus petition---Custody of minors---No allegation of snatching minor---Violation of agree-ment regulating the custody of minors---Scope---Petitioner sought custody of minors on the ground that their mother had violated the written agreement by contracting second marriage, therefore, she had lost her right of hizanat---Held; legality of agreement could not be determined by the court during the proceedings under S. 491, Cr.P.C.---Parties had already appeared before the proper forum for determination of their rights---Petitioner had not alleged that minors were snatched by their mother---Constitutional petition was dismissed. Humayoun Syed Rasool for Petitioner. Malik Shoukat Mehmood Marha, Assistant Advocate-General for the State. Malik Zafar Mehboob Langrial for Respondent No.2. Date of hearing: 22nd January, 2019. ORDER
SARDAR AHMAD NAEEM, J.---Through this petition filed in terms of Article 199 of the of Islamic Republic of Pakistan, 1973, the petitioner prayed for the following relief: " prayed that instant petition may kindly be accepted and the order dated 27.11.2018 passed by the learned Additional Sessions Judge, Muzaffargarh to the extent of handing over the custody of the minors namely, Kausar Bibi aged 7-years, Asima Bibi aged 5-years to the Respondent No. 2 may kindly be declared illegal, against the law and facts and be set aside and in consequence thereof, respondent No. 1 may kindly be directed to recover the said detenues from the illegal, unlawful and improper confinement of the private respondents, be ordered to produce them before this Hon'ble Court, and detenues be handed over to the petitioner/real father of the minors/detenues, in the supreme interest of justice. Any other relief " 2. Learned counsel for the petitioner submitted that as a result of private settlement, the minors were handed over to their mother and now she has contracted second marriage which is violation of written agreement earlier executed between the parties, thus, respondent No. 2 had lost right of Hazanat and that the custody of the minors may be handed over to the petitioner, in particular, when their elder brothers/sister are already with the petitioner. 3. Learned counsel for respondent No. 2 opposed this petition with vehemence and submitted that the instant petition was based on mala fide and that regarding the custody of the minors, both the parties are before the competent forum, thus, the petition was liable to be dismissed. 4. Having heard the arguments addressed at the bar and after perusing the record, it was noticed that the minors were living with their mother since long. An agreement was executed between the parties, legality whereof cannot be determined by the Court during these proceedings. The parties are already before the proper forum for the determination of their rights. There is also no allegation if respondent No.2 snatched the minors from the petitioner, who has failed to make out a case for interference by the Court. 5. There is no merit in this petition which is hereby dismissed. SA/M-156/L Petition dismissed.