1. ' ALI SAIN DINO METLO, J.---The S.H.O. Of Police Station, Sachal, has caused production of the child, Wijdan Hussain Shah, aged about two and half years, through his father, respondent No,
1. The respondent No,1 has filed counter-affidavit, which is taken on record and copies provided to the advocate for the petitioner. The Vakalatnama of Mr. Muhammad Rafi, advocate for the respondent No, 1 is also taken on record.
2. Learned counsel for the respondent No,1 contends that custody of the child, though of very tender age, may not be given to the petitioner as, according to him the petitioner had herself in her application to the SHO of Gulistan-e-Johar, expressed apprehension of danger to her life as well as to the life of her child, at the hands of her previous husband Zafar Naqvi.
3. Learned counsel for the petitioner contends that as a matter of fact, the petitioner was deceived in making such application as, on an inquiry it was found that the two young men, who had issued threat to her, were actually hired by the respondent No,1 and not by her previous husband Zafar Naqvi from whom she has two children i.e, one son aged about 10 years and one daughter aged about 9 years.
4. ' Learned counsel for the respondent No,1 further contends that the respondent No,1 apprehends that the petitioner shall remove the custody of the child outside jurisdiction of this court.
5. ' Learned counsel for the petitioner states that the petitioner has no intention to remove the child from the jurisdiction of this court and in that regard she is prepared to furnish surety.
6. ' Learned counsel for the petitioner contends that custody of the child may be given to the petitioner with direction to produce the child in court after one week for the purpose of meeting of the child with the respondent No,1 and also for talks for some reconciliation between the parties.
7. ' In view of the tender age of the child, his custody is directed to be given to the mother i.e, the petitioner temporarily with direction to produce the child in court on 25-11-2008. She shall furnish surety in the sum of Rs,500,000 within three days and execute personal bond in the like amount binding herself not to remove the child outside Karachi. The petitioner is also directed to provide her present address today in court.