Through this petition filed in terms of Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has prayed for the following relief: "... prayed that the writ petition in hand may very kindly be accepted and order dated 08.05.2021 passed by learned Justice of Peace/ASJ, Respondent No. 1 may very kindly be declared ab-initi o absolutely illegal, capricious, perverse, null and void and the proceedings upon the impugned order is requested to be quashed cancelled/set aside and this Hon'ble Court may very graciously be pleased to issue an appropriate direction to the Respondent No. 2 to recover the detenues namely , Azan Ali Shah aged about 7 years, Aliyaan Ali Shah aged about 5 years and Hania Fatima aged about 4 years from the illegal and improper custody of Respondent No. 3 and 4 and produce them before this Hon'ble Court and set them at liberty as well as custody of minors be handed over to the petitioner being a real mother and natural Guardian."
2. Learned counsel for the petitioner argued at some length. The crux of the arguments was that the petitioner being real mother has got the preferential right of Hazanat and was also the best suitable person under the Muhammadan Law , thus, the custody of the minors may be handed over to the petitioner .
3. Learned counsel for the Respondent No. 3 opposed this petition with vehemence and submitted that the order the learned Additional Sessions Judge was in accordance with law; that it was not a case of recent snatching; that Respondent No. 3 has filed petition under Section 25 of the Guardian and Ward Act and, thus, the matter which requires the evidence can be resolved by the said forum provided under the law, thus, the petition is liable to be dismissed.
4. A review of the record demonstrates that a similar petition was filed by the petitioner before Sessions Judge, Khanewal and was dismissed by the learned Additional Sessions Judge, Jahanian vide order dated 08.05.2021.
The merits of the case have been dealt with in details in para No. 6 to para No. 8 of the said order .
5. The detenues/minors were accompanied by their father and the petitioner was afforded an opportunity of a meeting with her children outside the Court. The case was called on for hearing at the fag-end of the day. The minors though were not mature but intelligent enough to form their opinion. The minors including Azan Ali Shah and Aliyaan Ali Shah stated in unison that they had to live with their father whereas, Hania Fatima, the other minor opted for both i.e. the petitioner as well as her father .
6. The petition is silent if minors were snatched by Respondent No. 3 from the petitioner , thus, the petition is not maintainable in view of the law laid down by their lordships in "Mst. Nadia Parveen v. Mst. Almas Noreen and others" ( PLD 2012 SC 758 ).
As mentioned above, Hania Fatima expressed her, desire to join her parents but keeping in view the principle of togetherness, it was expedient that she should not be deprived the company of her brothers including Azan Ali Shah and Aliyaan Ali Shah.
7. For the foregoing reasons, I proceed to dismiss this petition, being meritless.
However , Respondent No. 3 asserted if a petition for the custody of the minors is filed under the law for the custody of the minors before the competent forum, the learned Guardian Judge shall not be influenced with any of the observation made hereinabove or any findings recorded by the learned Additional Sessions Judge vide order dated 08.05.2021.