' This habeas corpus petition was filed by the petitioner seeking restoration of the custody of the minor son, Muhammad Tayyab, who was alleged to have been taken away by the petitioner's estranged husband illegally.
2. In pursuance to the direction of this Court dated 18-10-1989, the respondent, Amanat Ali produced the detenu child, Muhammad Tayyab in the Court on 21-10-1989. On the said date it was pointed out by the learned counsel for the respondent that the respondent had filed an application under section 25 and section 12 of the Guardians and Wards Act, 1890, and that the learned Guardian Judge had passed an order to the effect that the present respondent's custody (applicant therein) of the minor son in question should not be disturbed till 5-11-1989, the next date of hearing before the learned Guardian Judge.
3. Thereupon, the Court was pleased to direct that the record of the case be summoned from the Court of Guardian Judge. Meanwhile, the respondent had filed a written reply.
4. On the said date, the Court was informed, by the learned counsel for the parties, that there was a possibility of rapprochement between the parties and time was requested for working out its modalities, whereupon the proceedings were adjourned and the custody of the child, Muhammad Tayyab, was restored to the petitioner with the further direction that the child was to be produced before the Court on next date of hearing and that the petitioner shall allow full opportunity to the respondent to meet the child at all reasonable times.
5. The learned counsel for the respondent, after having made lengthy submissions opposing the present hcbeas corpus petition has now contended for disposal of the present habeas corpus petition with the direction that the petitioner may be allowed interim custody of the child, pending adjudication of the claim of the parties including the question of interim custody in accordance with the provisions of the Guardians and Wards Act, 1890, in respect of the custody of the child by the learned Guardian Judge, who is dealing with the said case as a result of the present respondent having already filed an application praying for appointment of the respondent as guardian of the detenu/minor son, Muhammad Tayyab.
6. The learned counsel for the petitioner has no objection if the present habeas corpus petition is disposed of in accordance with the terms contended for by the learned counsel for the respondent.
7. In view of what has been stated above by the learned counsel for the parties, the custody of the minor child, Muhammad Tayyab shall remain with the petitioner/mother, and it is further directed that the petitioner shall appear before the learned Guardian Judge 11, Ch. Karamat Ali, on the next date of hearing i,e. 30-11-1989, and it is further directed that the learned Guardian Judge shall dispose of the case without being influenced by anything said herein.
8. This habeas corpus petition stands disposed of in accordance with the terms stated above. The case file of the learned Guardian Judge may be returned forthwith.