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1995 P Cr. L J 1106

NAVEEDA NAZ vs ARSHAD MEHMOOD and 2 others

Citation1995 P Cr. L J 1106
CourtLahore High Court
Case No.Criminal Miscellaneous No,1082/H of 1994
Date1994-12-28
Judge(s)Arif Iqbal Hussain Bhatti
ResultOrder accordingly

ORDER

' Mst. Naveeda Naz, petitioner, submitted this habeas corpus petition for the recovery of her two months' old child from the illegal custody of respondents 1 and 2. The brief facts of the case as stated in the petition were that she was married to Arshad Mahmood, respondent No,1, in December, 1993. On 1-10-1994, she gave birth to a male child namely Sarjeel Arshad. The child was sick and was subjected to stomach operation in December, 1994. After few days she shifted to the house of her husband, due to a petty quarrel, she was kicked out from the house and the baby was snatched from her on 21-2-1994. The petitioner filed this petition on 26-12-1994 and was heard same day. The Court, keeping in view the safety of the child, directed the S.H.O. Police Station, Shad Bagh, Lahore to contact the respondents and produce the child on the same day at 4-00 p.m. In compliance of this order, S.H.O. Produced the two respondents and the child at 4-90 p.m. After hearing the parties, and their learned counsel, in view of the health and the age of the child, he was handed over to the mother and the parties were advised to patch up their differences and the case was adjourned to 28-12-1994. On 28-12-1994, Advocate-General was summoned to assist the Court. It was a matter of gratitude that both the parties placed on record a deed of compromise Mark "A". The health of the child had improved and was smiling. The petitioner and her husband and their relatives were also satisfied with the rapprochement between them.

2. It is pertinent to mention that fast social economic changes are happening in the society where social and moral values are becoming weak. It is noted generally that petty matters develop into serious disputes between the spouses and in the society. The sayings and precedents of Holy Prophet (peace be upon him) can guide the society for the restoration of peace, tranquillity, and happiness in the ever-changing society. It is a matter of great satisfaction that the two young spouses have once again united in the interest of their child. It is equally important to reiterate that a child who comes out of the womb of the mother has his fundamental right of being fed from the breast of his/her c mother for at least two years and no person can deprive him/her of this supreme and fundamental right.

3. In view of the compromise between the parties, this petition stands disposed of.

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