Through this habeas corpus petition petitioner sought recovery of Sameer aged one year and one month being real mother of the minor who is statedly in the illegal confinement of respondent namely Mangta Masih.
2. Under the orders of this Court, respondent has produced minor son of the petitioner.
3. While arguing the case, learned counsel for respondent has placed on record certified copy of order passed by learned Guardian Judge, Lahore dated 29-4-2002 which reveals that the parties have agreed upon that minor will remain in the custody of Mangta Riaz (respondent). To rebut these arguments, learned counsel for the petitioner submits that petitioner has also filed an application before the learned Guardian Judge, Lahore under section 25 of the Guardian and Warads Act for the return of the custody of minor namely Sameer and that legality of the order dated 29-4-2002, relied upon by the respondent party, has also been challenged and 18-9-2002 is the next date in the said matter.
4. Since the matter qua custody of the minor is under consideration before the learned guardian Judge, Lahore, this petition is not maintainable same stands dismissed. However, in the peculiar circumstances of this case learned Guardian Judge. Lahore is directed to decide the matter within two months.