The minor has been produced in the Court. He is about 4-1/2 years old. The case has very unfortunate history in that the poor child has lost both his parents and from the facts and circumstances it has transpired that he has been brought up by one Muhammad Yousaf son of Muhammad Shafi and his wife Mst. Maqbool Begum who both are present in Court and appear to be in their mid fifties. They appear to be a very ' respectable, amiable and dignified couple.
Muhammad Yousaf has stated that the minor had been handed over to him by the latter's father when he was only 1-1/2 years old. His late father apprehended some foulplay regarding the safety and security of the child and as he himself was keeping indifferent health, therefore, he handed over the child to him, so that the child did not have to live with his paternal relatives. I have noticed in the Court that the child felt absolutely comfortable and happy with both Muhammad Yousaf and his wife Maqbool Begum. He was literally excited and overjoyed on seeing them, hugging and kissing them ceaselessly.
2. On the other hand the paternal grandmother who had been asked to produce the child has exhibited a very crude and heartless conduct in the Court and it prima facie appears that she is more interested in the estate of her late son rather than the child himself. Even the paternal uncle who had statedly taken the child to Peshawar has not turned up in the Court. This conduct demonstrates the amount of importance which the paternal grandmother and the paternal uncle gave to the matter. Zahid Hussain, Inspector/S.H.O., Police Station, Hajipura who had gone to the village to find out about the child pursuant to this Court's order confirms the assertion of Muhammad Yousaf and his wife and states that all the inhabitants of the village unanimously stated that Muhammad Yousaf and his wife had been bringing up the child like their own son and had been extending to him the true love and affection of parents. He added that the nobility and generosity of Muhammad Yousaf and his wife are quoted in the village as an example. The petitioner has also appended with this petition a document reduced on a stamp paper purported to be a will of the late Syed Raza Hussain the father of the minor wherein he had stated that the child should be brought up by the maternal grandmother.
3. In the peculiar facts and circumstances of the case I feel that at present it would be advisable to grant custody of the minor to Muhammad Yousaf and his wife. Accordingly the custody of the child has been handed over to them. If the paternal grandmother is interested in the custody of the minor she may approach the learned Guardian Judge if so advised. The right of anyone who claims the custody of the minor shall be determined by the Guardian Judge and till such time the said Muhammad Yousaf shall not be compelled for any meeting with the minor by anyone. I have asked the learned Additional Advocate-General to ensure that the local police extends full protection to the child and also to the present guardian.
' In these terms this petition stands disposed of.