1987 PLP 3175 (MLD)
Mst. ZAHIDA PARVEEN — Petitioner Versus MUHAMMAD RAMZAN — Respondent
| Citation | 1987 PLP 3175 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Arif, J |
| Parties | Mst. ZAHIDA PARVEEN — Petitioner Versus MUHAMMAD RAMZAN — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1987 PLP 3175 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 3175 (MLD)?
The case was heard and decided by the Lahore bench comprising: Muhammad Arif, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 3175 (MLD) (Mst. ZAHIDA PARVEEN — Petitioner Versus MUHAMMAD RAMZAN — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Shamshir Iqbal Chaughtai for Petitioner.
- Muhammad Akhtar Chishti for Respondent.
Headnotes / Summary
S.491- -Habeas corpus--Admittedly petitioner (mother) having custody of her minor children at the time of service of notice of Talaq who were allegedly forcibly taken away from her custody, by father--Custody of minors handed over to petitioner (mother) in circumstances.
Judgment & Decree
Criminal Procedure Code (V of 1898)
S.491- -Habeas corpus--Admittedly petitioner (mother) having custody of her minor children at the time of service of notice of Talaq who were allegedly forcibly taken away from her custody, by father--Custody of minors handed over to petitioner (mother) in circumstances. M. Shamshir Iqbal Chaughtai for Petitioner. Muhammad Akhtar Chishti for Respondent. Mst. Zahida Parveen petitioner has filed this petition praying that her minor sons Wajahat Ramzan aged about 2 years and Khurram Shahzad alias Usman aged about 7 months, who are being illegally detained by their father Muhammad Ramzan, be recovered and their custody handed over to her. Her case is that the respondent sent a notice of talaq wherein he specifically mentioned that both the minors were in her custody and that a couple of days before the filing of this petition they were forcibly taken away by him. Copy of the notice of talaq dated 23-8-1987 has been produced. 2. Muhammad Ramzan-respondent has brought the minors with him and states that he despatched the notice of talaq on 24-8-1987, petitioner's brothers came to his house on 27-8-1987 and left both the minors with him. He further states that on 28-8-1987 he sent a registered-notice to the petitioner informing her that the said action on her part is tantamount to renouncing her right to the custody of the minors. The envelope containing the undelivered-notice has been produced by the respondent for perusal. It is not denied by the respondent that the petitioner had the custody of both the minors at the time of service of notice of talaq. I have gone through the notice dated 28-8-1987. In the presence of the petitioner's affidavit I am of the view that the respondent has failed to show that he obtained the custody of minors in a lawful manner. In this view of the matter the custody of Wajahat Ramzan aged about 2-years and Khurram Shahzad alias Usman aged about 7-months is handed over to their mother, the petitioner. This is, however, without prejudice to the rights of the parties to have resort to the Family Court for the custody of the minors. S.G.D./Z-32/L Order accordingly.