' Mst, Zahida Parveen petitioner has filed this petition praying that her minor sons Wajahat Ramzan aged about 2 years and Khurram Shahzad alias Usman aged about 7 months, who are being illegally detained by their father Muhammad Ramzan, be recovered and their custody handed over to her. Her case is that the respondent sent a notice of talaq wherein he specifically mentioned that both the minors were in her custody and that a couple of days before the filing of this petition, they were forcibly taken away by him. Copy of the notice of talaq dated 23-8-1987 has been produced.
2. Muhammad Ramzan-respondent has brought the minors with him and states that he despatched the notice of talaq on 24-8-1987, petitioner's brothers came to his house on 27-8-1987 and left both the minors with him. He further states that on 28-8-1987 he sent a registered-notice to the petitioner informing her that the said action on her part is tentamount to renouncing her right to the custody of the minors. The envelope containing the undelivered-notice has been produced by the respondent for perusal. It is not denied by the respondent that the petitioner had the custody of both the minors at the time of service of notice of talaq. I have gone through the notice dated 28-8-1987. In the presence of the petitioner's affidavit I am of the view that the respondent has failed to show that he obtained the custody of minors in a lawful manner. In this view of the matter the custody of Wajahat Ramzan aged about 2-years and Khurram Shahzad alias Usman aged about 7-months is handed over to their mother, the petitioner. This is, however, without prejudice to the rights of the - parties to have resort to the Family Court for the custody of the minors.