MUHAMMAD IBRAHIM KHAN, J.--Imploring the constitutional jurisdiction of this court within the meaning of Chapter 27 of Article 199 Clause (1)(b) & (i) of the Constitution of Islamic Republic of Pakistan, 1973, it is read as under: - "(b) on the application of any person, make an order-
(i) directing that a person in custody within the territorial jurisdiction of the Court be brought before it so that the Court may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner."
2. There is prospective prayer in the instant petition for production of the minors (respondents Nos.
3 and 4) before the court and their lawful custody to the hands of the petitioner, being their real mother.
3. The core information, leading to filing of this petition, lay bare that. the Nikah was solemnized in between Mst. Zaib-un-Nisa (the petitioner) and Qasim Azeem (respondent No.1) on 17.06.2007.
While wedded, the spouses were blessed with respondents Nos.3 and 4 i.e. (1) Master Shayan Azeem aged 11 years and (2) Baby Nimrah aged 10 years. During spousal relation altogether the husband (Qasim Azeem) shaped up hellish and ended his relation by sending a Divorce Notice on the 24th day of August, 2019 and since then is living apart. By the time mother of Qasim Azeem (respondent No.1) had already taken her grand children to Karachi and since then is possessing their custody at Karachi. Quite good the petitioner had approached the court of learned Sessions"
Judge Karachi under the provision of section 491, Cr.P.C for recovery of her children. This petition was disposed of in terms of the court whisked off its jurisdiction upon report of S.H.O. that children were out stationed. The next move for recovery is by filing Habeas Corpus writ disclosing similar facts before the Hon'ble Lahore High Court, Rawalpindi Bench.
4. Craving for holding or whisking off the jurisdiction of this court in the matter, suffice it to say that the petitioner (Mst. Zaib-un-Nisa) has left no stone unturned to approach and knock the chip off one's shoulder for the recovery of her children from courts at Karachi, Rawalpindi and Mansehra, who has been subjected as pendulum due to hide and seek tactics by respondent No.1 giving false information about the whereabouts of his children. Once petition for recovery before the learned Sessions Judge, Karachi was turned down when S.H.O. of the respective police station had submitted report that children were not residing within the limits of the said court. Before the Hon`ble Bench at Rawalpindi, the petition was returned when it was disclosed that children were in Karachi. So, enough is enough to further stage this drama for reason that children have been brought before the Abbottabad, Bench who are present before this court.
5. Inquisitive to satisfy our conscious that custody of the minors is with or without lawful authority or in an unlawful manner. It is candidly admitted by the paternal aunt Ms. Nazish Jehangiri, Advocate, that children are residing with the uncle at Karachi as their father Qasim Azeem (respondent No.1) is posted at Mental Hospital Dadar, District Mansehra. As such it would not be out of context to hold that the children are held in custody without lawful authority of their uncle in an unlawful manner without court orders. Even if the children are detained by their grandmother in an improper 'custody without in the presence of their mother (the petitioner) they are liable for recovery and to be handed over to the custody of real mother subject to the final outcome of the petition pending between the parties before the Guardian / Judge Family Court, at Karachi.
6. We have noticed with great concern that by remaining in improper custody of either their grandmother or uncle whosoever has detained the children Master Shayan and Baby Nimrah, absolutely their aptitude has become wild. They have been made averse and, distasteful towards their real mother which aspect is quite irksome and need to be reformed by their mother hopefully while remaining in her lawful custody.
7. We are unison to accept this Habeas Corpus Writ and direct Qasim Azeem (respondent No.1) to handover the custody of minor children (respondents Nos.3 and 4) to the lawful authority Mst.
Zaib-un-Nisa, being their real mother, till the final decision of application under Section 25 of the Guardian and Wards Act, 1890 pending at Family Court Karachi. We direct Mst. Zaib-un-Nisa, mother of the children, to show her yearning to bring them to normality from their" behavior changes while remaining in improper custody. Her children shall flourish in conducive atmosphere to be educated in qualitative educational institution by migrating from Crescent Public Secondary School to a nearby better standard school in her home town. We also direct respondent No.2, DPO Mansehra / Abbottabad to escort the petitioner Zaib-un-Nisa, Master Shayan and Baby Nimrah to the place of their onward destination / home so as to ensure their safe custody.
8. Before parting with this judgment, it is to mention here that we are shocked with sudden demeanor changes of Ms. Nazish Jehangiri (paternal aunt) / counsel on behalf of respondent No.1.
She has become furor and degrading while her conduct is highly deplorable by unbecoming of a sagacious lawyer when coming to know of likely acceptance of this petition, short of announcement of this judgment.