1995 P Cr (PLP)
NAVEEDA NAZ — Petitioner Versus ARSHAD MEHMOOD and 2 others — Respondents
| Citation | 1995 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | NAVEEDA NAZ — Petitioner Versus ARSHAD MEHMOOD and 2 others — Respondents |
| Primary Law | (a) Criminal Procedure Code (V of 1898), (b) Muhammadan law |
Q1: What are the key laws and sections cited in 1995 P Cr (PLP)?
This judgment primarily cites: (a) Criminal Procedure Code (V of 1898), (b) Muhammadan law as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995 P Cr (PLP) (NAVEEDA NAZ — Petitioner Versus ARSHAD MEHMOOD and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Javed Bashir for Petitioner.
- Mian Abdus Sattar Najam, A.-G. for Respondent.
- Mst. Naveeda Naz, petitioner, submitted this habeas corpus petition for the recovery of her two months' old child from the illegal custody of respondents 1 and 2. The brief facts of the case as stated in the petition were that she was married to Arshad Mahmood, respondent No.l, in December, 1993. On 1-10-1994, she gave birth to a male child namely Sarjeel Arshad. The child was sick and was subjected to stomach operation in December, 1994. After few days she shifted to the house of her husband, due to a petty quarrel, she was kicked out from the house and the baby was snatched from her A on 21-2-1994. The petitioner filed this petition on 26-12-1994 and was heard same day. The Court, keeping in view the safety of the child, directed the S.H.O. Police Station, Shad Bagh, Lahore to contact the respondents and produce the child on the- same day at 4-00 p.m. In compliance of this order, S.H.O. produced the two respondents and the child at 4-00 p.m. After hearing the parties, and their learned counsel, in view of the health and the age of the child, he was handed over to the mother and the parties were advised to patch up their differences and the case was adjourned to 28-12-1994. On 28-12-1994, Advocate-General was summoned to assist the Court. 'It was a matter of gratitude that both the parties placed on record a deed of compromise Mark "A". The health of the child had improved and was smiling. The petitioner and her husband and their relatives were also satisfied with the rapprochement between them.
Headnotes / Summary
S. 491
Two months old male child of the petitioner (wife) had allegedly been snatched by her husband who had also kicked her out from his house due to a petty quarrel-- Police Officer in compliance of the Court's order produced the child and the respondents in the Court on the same day
Child, in view of his health and age, was handed over to his mother and the parties were advised to patch up their differences and the case was adjourned for final hearing when both the parties placed on record the deed of compromise
Petition was disposed of accordingly.
Right of a minor of breast feeding
Minor who comes out of the womb of the mother has a fundamental right of being fed- from the breast of his/her mother for at least two years and no person can deprive him/her of this supreme and fundamental right.
Judgment & Decree
(b) Muhammadan law
Right of a minor of breast feeding
Minor who comes out of the womb of the mother has a fundamental right of being fed- from the breast of his/her mother for at least two years and no person can deprive him/her of this supreme and fundamental right. Javed Bashir for Petitioner. Mian Abdus Sattar Najam, A.-G. for Respondent. Respondents Nos.l and 2 in person. Mst. Naveeda Naz, petitioner, submitted this habeas corpus petition for the recovery of her two months' old child from the illegal custody of respondents 1 and
2. The brief facts of the case as stated in the petition were that she was married to Arshad Mahmood, respondent No.l, in December, 1993. On 1-10-1994, she gave birth to a male child namely Sarjeel Arshad. The child was sick and was subjected to stomach operation in December, 1994. After few days she shifted to the house of her husband, due to a petty quarrel, she was kicked out from the house and the baby was snatched from her A on 21-2-1994. The petitioner filed this petition on 26-12-1994 and was heard same day. The Court, keeping in view the safety of the child, directed the S.H.O. Police Station, Shad Bagh, Lahore to contact the respondents and produce the child on the- same day at 4-00 p.m. In compliance of this order, S.H.O. produced the two respondents and the child at 4-00 p.m. After hearing the parties, and their learned counsel, in view of the health and the age of the child, he was handed over to the mother and the parties were advised to patch up their differences and the case was adjourned to 28-12-1994. On 28-12-1994, Advocate-General was summoned to assist the Court. 'It was a matter of gratitude that both the parties placed on record a deed of compromise Mark "A". The health of the child had improved and was smiling. The petitioner and her husband and their relatives were also satisfied with the rapprochement between them.
2. It is pertinent to mention that fast socio economic changes are happening in the society where social and moral values are becoming weak. It is noted generally that petty matters develop into serious disputes between the spouses and in the society. The sayings and precedents of Holy Prophet (peace be upon him) can guide the society for the restoration of peace, tranquillity, and happiness in the ever-changing society. It is a matter of great satisfaction that the two young spouses have once again united in the interest of their child. It is equally important to reiterate that a child who comes out of the womb of the mother has his fundamental right of being fed from the breast of his/her `C mother for at least two years and no person can deprive him/her of this supreme and fundamental right.
3. In view of the compromise between the parties, this petition stands disposed of. N.H.Q./N-295/1 Order accordingly.