' Nadeem Abbas respondent has been produced in custody alongwith Shahzaib minor who is about one and a half years old.
2. The petitioner and the said respondent are separated from each other although the divorce had not yet taken place. It also transpires that on an earlier occasion i,e, on 18-4-1995, Mst. Afshan Naureen petitioner had filed an application seeking custody of Shahzaib minor but had permitted the said application to be dismissed for non-prosecution on account of a compromise which had taken place between the parties about 20 days back. Nadeem Abbas respondent submits that it was as a result of this compromise that the minor had been left with him in his custody.
3. It is an established principle of law that an agreement with respect of the custody of minor was not a valid agreement which was enforceable at law. The submission of the learned counsel for the respondent-father that the petitioner had on an earlier occasion approached the learned Guardian's Court in respect of the guardianship of the said minor but had not pursued the said remedy, is also not a valid ground for dismissing the present petition because what is paramount in such-like matters, is the "welfare of the minor" and the A conduct of the parents is a secondary consideration.
4. In view of the age of Shahzaib minor, I direct that he shall be handed over to Mst. Afshan Naureen petitioner which shall, however, be only a temporary arrangement subject to final determination of the rights of the parties to Hizanat of the said minor by the learned Guardian's Court, if the said Court was approached for the purpose.
5. With the agreement of the parties, it is further directed that the petitioner-mother shall permit the respondent-father to meet Shahzaib minor once a week for at least two hours in the Chamber of Mr. M. Ramzan Khalid, Advocate Multan. This meeting shall take place on every Thursday from 12- 00 noon/p.m.
6. Nadeem Abbas respondent who is in custody on account of the warrants issued by this Court for his arrest and production before this Court shall be released forthwith.
7. Mst. Afshan Naureen petitioner apprehends danger to her security and prays that arrangements be made for her return to her house which is in Multan City. The S.H.O. Present in Court is directed to escort the petitioner to her house safely.
8. This petition stands disposed of in the above terms.