HAFIZ ABDUL REHMAN ANSARI, J. --- The petitioner through this Constitutional petition has prayed that respondent No. 2/S.14.0. Be directed to recover the minors Miss Moumina Zuberi and Ahmed Moujeeb Zuberi and may be handed over to the petitioner so that the minors may be sent to their mother in U.K.
2. Brief facts of the case which gave rise to the filing of instant writ petition are that respondent No. 1 Saeed Akhtar Zubairi was married to Miss Myriann Mazzola and three issues including the detenues were born out of the wedlock but later on divorce took place in May, 2001. Matter of custody of the minors was decided by Mrs. Justice Pauffley, Judge, Royal Court, Strand London U.K. With the mutual consent of the parties. According to paragraph No. 2-B of the said judgment, the mother Miss Myriann Mazzola has the right to contact with the children for a period of six weeks every year.
The decision of the Hon'ble High Court of U.K. Was also endorsed by the decision of Hon'ble Guardian Judge, Lahore. That respondent No. 1 filed an application for the modification/review of the order passed by the. U.K. Court which was dismissed by the Hon'ble Guardian Judge, Lahore vide her order dated 20.3.2009. Aggrieved by the said order, the respondent No. 1 filed an appeal before the District Judge, Lahore and the same was also dismissed by learned Additional District Judge, Lahore vide her dated 11.2.2010. In this way, the respondent No. 1 violated the order passed with the- consent of both the parties as the respondent No. 1 has not sent the children to see their mother for their summer vacations in 2008, 2009 and 2010 rather the respondent No. 1 has filed malicious and frivolous applications before the Courts in Pakistan to avoid his responsibility under the orders passed by the Royal Court. The respondent No. 1 is illegally and improperly having the custody of the minor detenues as under the order of U.K. Court, he is bound to send the children to their mother in U.K. The petitioner being the brother-in-law has no adverse interest or effects, so, the minor detenues be handed over-to the petitioner so that they may be sent to their mother in U.K.
3. I have heard the learned counsel for the petitioner and perused the record.
4. At the very outset, when the learned counsel for the petitioner was put a query about the petitioner Syed Jabran All Kamran, he replied that he is brother-in-law of. Miss Myriann Mazzola.
The dispute with regard to children is always, between parents or maximum grandfather or grandmother for the custody of the children. Brother-in-law has no blood relations with minors. He is not an aggrieved person in any manner. Even the mother has not authorized him to file this writ petition for the custody of the minors. In this writ petition no such power has been delegated to any person. There is no such document on record which authorizes the petitioner to file this writ petition for the recovery and handing over the children to him. The dispute about the children was between the spouses. Present writ petitioner does not figure anywhere in the previous litigation in U.K. And in Pakistan. Being brother-in-law of Myriann Mazzola the petitioner has no locus standi to file this writ petition. Further the children are now grown-up. Mst. Moumina Zuberi is near about 18 years of age while Mr. Ahmed Moujeeb Zuberi is near about 13% years of age. This writ petition having no force is hereby dismissed in limine. .