LADY DR. CAPTAIN LUBNA BOKHARI Versus SYED SABTAIN RAZA

ORDER

1. Petitioner, Dr. Lubna Bokhari, who is wife of respondent, Syed Sabtain Raza, has filed this habeas corpus petition, with the allegation that respondent had forcibly taken away her son Syed Muhammad Raza from her custody and is not permitting her to meet the son. In pursuance of this petition notice to respondent was issued to, appear in person. Syed Shabbar Raza, Advocate, appeared and stated that the respondent's suit before the Guardian Judge has already been filed who has passed an order on 1‑3‑1992 that the .custody of the respondent over the minor shall not be disturbed. Learned counsel further contended that since proceedings with regard to the determination of the guardianship are pending, therefore, an order may not be passed:

2. I have heard the learned counsel and gone through the file. No doubt, petitioner is mother of the minor but it may not be appropriate to pass an order at this stage when proceedings between the same parties about the custody of the 'minor are pending before Guardian Judge. In these circumstances, it is directed that if the petitioner moves an application for the temporary custody of the minor before the Guardian Judge he shall decide the same without fait, within four weeks.

2. Learned counsel for the respondent has given an undertaking that the petitioner shall be permitted to see her son. He has volunteered that today the respondent shall bring the minor at the residence of one Col. Safdar, situated in Defence Housing Society, Lahore, where the petitioner is presently staying, between 7‑00 p.m. and 9 a.m.

3. In the light of the observations made above this petition is disposed of.

4. N.H.Q./L‑20/L Order accordingly.