Mst. NAYYARA NAUREEN alias SHAZIA vs MUHAMMAD ARIF BUTT SABRI

ORDER

' The respondent has produced the minor children namely Muhammad Hassan, Muhammad Hussain and Mst. Abida Butt.

2. The petitioner Mst. Nayyra Noureen alias Shazia through the instant petition under section 491,- Cr.P.C. Has sought for the production of the aforementioned three minor children from the custody of the respondent and their handing over to her.

3. After hearing the learnerl counsel for the parties and perusing the copies of the documents annexed to the petition, I find that it is the own version of the petitioner in the petition that these minors were in the house of the respondent, when she was turned out by him, from there. So, it is not a case of removal of these children by the respondent from the custody of the petitioner.

4. He is their real father. The children were living with him when the petitioner had left his house.

5. They admittedly now are living with him for the last about 1-1/2 years. The petitioner herself has admitted it to be so. She has also admitted that they are more familiar to the respondent than her.

The children are with the respondent with all ease and' familiarity. She has also not explained in the petition that why she did not earlier had filed the petition. The instant petition was filed about three months ago. The children, while as per every body's case before this Court, are living with the respondent about 1-1/2 years prior to the same.

6. She had brought an application under section 25 of the Guardians and Wards Act against the respondent before the Guardian Court at Lahore for the custody of the minor children. She in the same had a so brought the application under section 1 of the Act supra in the aforementioned petition under section 25 of the Act for the interim custody of the children to her. These statedly are fixed before the concerned Court for 13th of the instant. She, now all of a sudden after about 1-1/2 years of leaving the respondent's house had filed the instant petition.

7. In these circumstances, it can't be said to be a case of illegal custody of the minor children with the respondent/father In this regard reliance is placed upon the case of Naziha Ghazali v. The State and another 2001 SCM R 1782. The petition, therefore, is without any force. The same is dismissed as such.

8. The nature of the matter demands that Guardian petitions may be disposed of expeditiously or at least the one under section 12 of the Act supra. The learned Guardian Court concerned, therefore, is directed to dispose of her application under section 12 of the Act within 15 days from the receipt of this order by it under intimation to the Deputy Registrar (Judi.) of this Court. It shall also decide her application under section 25 of the Act supra as expeditiously as possible.

9. It is, however, made clear here that any observation made above shall not influence the mind of the learned Guardian Court in any manner. The petitions brought by the petitioner shall be decided independently on their own merits.