Muhammad Akram alias Muhammad Ikram petitioner was married to Mst. Shehzad Bibi on 9-7- 1989. Muhammad Maskeen respondent No.2 is the maternal-uncle of Mst. Shehzad Bibi while Mst.
Parveen respondent No.3 is the were of the aforesaid Muhammad Maskeen. Muhammad Akram alias Muhammad Ikram petitioner filed this petition to get recovered his were Mst. Shehzad Bibi from the house of Muhammad Maskeen respondent No.2 who is said to have taken her away on 10-10-1997 to participate in a marriage ceremony and was detaining her illegally thereafter.
2. Mst. Shehzad Bibi has been produced by the police. During the proceedings it transpired that Muhammad Ashiq present in Court is the father of Mst. Shehzad Bibi while Muhammad Maskeen respondent No.2 is her maternal---uncle and that Muhammad Akram alias Muhammad Ikram petitioner is her husband. Muhammad Maskeen respondent No.2 admitted that Mst. Shehzad Bibi lived in his house. However, he as well as Mst. Shehzad Bibi took up the stand that Mst. Shehzad Bibi has instituted a suit for dissolution of marriage and, thus, the petitioner was not entitled to take her with him.
3.I am of the view that either Mst. Shehzad Bibi should live with her husband i.e. The petitioner or with her father Muhammad Ashiq. Muhammad Maskeen respondent No.2 has no legal entitlement to retain Mst. Shehzad Bibi with him in his house. This writ petition was filed on 13-11-1997 wherein the petitioner expressed that after obtaining a decree for dissolution of marriage Muhammad Maskeen petitioner desired to marry Mst. Shehzad Bibi with his son A Naseer Ahmad respondent No.4. The photostat of the plaint does not bear any stamp or even the date. No order has been produced about the pendency of any suit. In the circumstances of the matter, the living of Mst.
Shehzad Bibi in the house of her maternal-uncle cannot be approved keeping in view the moral norms of the Islamic society. Naseer Ahmad respondent No.4 is the son of her maternal-uncle Muhammad Maskeen respondent No.2. It is not safe to let Mst. Shezad Bibi continue her living with Muhammad Maskeen respondent No.2. As such, I pass the order that Mst. Shehzad Bibi shall go to the house of her father Muhammad Ashiq. She has refused in the matter. However, her father Muhammad Ashiq has been allowed to take her alongwith him and Muhammad Ashraf, A.S.-I. Shall facilitate him in the matter.
4. This petition stands disposed of in the aforesaid terms.