' This petition has been filed by the petitioner for the recovery of the detenu, minor son of the petitioner from the custody of respondent No,
1. In compliance with the order of this Court, the detenu, minor son of the petitioner was produced.
2. The learned counsel for the petitioner has contended that the petitioner being real mother of the minor is entitled for his custody and that respondent No,1 is paternal uncle of the minor detenu and cannot retain the minor.
3. On the other hand, the learned counsel for the respondents contended that the petitioner has filed the application for the appointment of the guardian of the person and property of the minor sons and daughters before Guardian Judge and that Guardian Judge is only competent to give its finding on custody application or appointment of the guardian of the person and property of the minors.
4. I have heard the arguments of the learned counsel for the parties and perused the record.
5. The father of the minor detenu has been murdered and since then the petitioner is residing with her brother. She has filed an application under Guardians and Wards Act, which is sub judice before the Guardian Judge. The minor was removed by the respondents from the lawful custody of the petitioner. The petitioner, who is present in the Court, has stated that she was married forcibly by respondent No,1 with his son and she then filed a suit for dissolution of marriage, against him and her marriage has been dissolved.
6. The minor child/detenu was afforded an opportunity to meet with the petitioner, his mother, who after meeting with his mother, ,opted to go with her. The petitioner being mother of the minor has preferential right to have the custody of her minor son. Respondent No,1 Muhammad Aslam is a paternal uncle of the minor. The dispute of guardianship and custody of the minor is sub judice before the competent forum but the minor son aged 4/5 years cannot be separated from the lap of his mother. The paramount consideration for the welfare of the minor is that his custody be given to his mother, whose lap is lost shelter for the minor.
7. In view of this matter, this petition is allowed and the custody of the minor is handed over to the petitioner till the decision of the petition by the Guardian Judge. The Guardian Judge is directed to dispose of application of the petitioner for the appointment of the guardian of the person and property of the minor sons and daughters within a period of three months from the receipt of the order of this Court.
8. The petitioner is directed to produce the minor Allah Ditta in the Court of Guardian Judge on every date for his meeting with his sisters, who are presently residing with respondent. No,1.