' ABDUL SHAKURUL SALAM, J---Mr. Muhammad Shahzad Shoukat, Advocate who had appeared for the petitioner in the Lahore High Court states that although he is not an Advocate of this Court yet he may be heard in support of the petition as a friend of the petitioner. The petitioner is also present in person.
1. The petitioner seeks custody of the minor daughter born on 16-1-1986 namely Syeda Ahlam Hussain Naqvi.
2. Relevant facts are that the petitioner was married with Syed Zia Hussain Naqvi a Pakistani national. Both of them had met in Lybia and marriage was performed in Malta at the Egyptian Consultate. Syed Zia Hussain Naqvi was earlier married with an Indian lady and they had a son. The lady was left with the son. Syed Zia Hussain Naqvi married a Pakistani lady who produced three sons. The lady died. Syed Zia Hussain Naqvi then married the petitioner as stated above and the dispute is about the daughter out of this wedlock. The husband is somewhere in the Middle East and the baby girl has been left with his mother, namely Syeda Saeeda Bano Naqvi.
3. The petitioner had filed a petition under section 491, Cr.P.C. Before the Lahore High Court but a learned Judge dismissed the same observing that the matter pertained to guardianship. Hence this petition.
4. Notice was issued to the grand-mother of the child who has appeared alongwith the child.
5. The petitioner is present in Court and states that she wants and is entitled to the custody of her minor daughter. A decree from an Egyptian Court has also been passed in her favour. She further undertakes to bring the child to Pakistan once a year for meeting the grandmother and step- brothers.
6. After hearing the parties the petition is converted into appeal and accepted. The custody of the minor daughter Syeda Ahlam Hussain Naqvi is allowed to the appellant.