1990 P Cr (PLP)

?(h) That this agreement will not prejudice or affect in any manner the rights of Mrs. Ulla Margareta Sylvia Muhammad as mother of the child including her right to the guardianship and custody of the minor. (i) That Mrs. Ulla Margareta Sylvia Muhammad and Muhammad Abdullah will re-marry in Pakistan. (Sd.) (Muhammad Abdullah) (Mrs. Ulla Margareta Sylvia Muhammad) Dated 15-5-1978 Sd/ C.M. Latif Rawn??? ????????????????? Sd/- Zahid Farani ??????????? Advocate???????????????????? ?????? Advocate ????????? 15-5-1978 Both the parties have signed the deed in token of its execution and acceptance by them. They have also signed each page thereof. It is also signed by their learned counsel. Let the statement of Mst. Ulla Margareta be recorded. (Sd.) MA. Zullah Statement of Mrs. Ulla Margareta Sylvia Muhammad I have entered the compromise and signed the compromise deed out of my free-will. No one has put any pressure on me. I have carefully read it (she, on direction from the Court, again loudly read it in Court, though at places with the help of her learned counsel). I understand the contents of the agreement. They are acceptable to me. I am satisfied with the process of negotiations for reaching the compromise. I am also fully satisfied with regard to the assistance given to me by my counsel. I am satisfied with the performance of helper counsel (amices curiae) appointed by the Court, in addition to the counsel representing both the parties. The agreement, as it is contained in the `compromise deed', is beneficial to both of us, i.e. Muhammad Abdullah and myself. It is also for the welfare of our child (i.e. the minor). After this compromise, I do not want any criminal proceedings to continue against Muhammad Abdullah. I have decided to re?marry him. I have started residing in the house of Muhammad Abdullah and the child it now with both of us. I have no objection to this (present) arrangement. I like it. T 'have no complaint with regard to the conduct of proceedings in this court. I am fully satisfied with the procedure adopted and assistance provided to me. As a foreigner, I am fully satisfied with the justice administered in this case. (At this stage, Muhammad Abdullah has intervened and states that a short while ago his wife (what he means is, his would-be wife, as according to the agreement they are yet to remarry) was telling him that she appreciated the standard of proceedings and justice being administered in Pakistan. She also appreciated the just manner in which the proceedings have been conducted in this case by the High Court). (Sd.) MA. Zullah Let the statement of Muhammad Abdullah be recorded, (Sd.) MA. Zullah Statement of Muhammad Abdullah I have compromised the subject-matter of this petition out of Court with Mrs. Ulla Margareta Sylvia Muhammad, whom I have decided to remarry. We have also decided to remarry in Pakistan. This is one of the terms of the compromise. I have not been brought under any pressure for reaching the compromise. I have entered the compromise out of my free-will. It is beneficial for both of us. I understand English well. I can read it. I have read this agreement. I have signed it with free-will. The compromise is not only beneficial for the parties but it is also in the welfare of the minor. My counsel rendered proper assistance to me in these proceedings. I have no complaint with regard to the assistance rendered by Mr. Rustam S. Sidhwa as amices curiae appointed by this Court. I have no objection with regard to proceedings conducted in this Court. I am fully satisfied with them. They, to my full satisfaction, were just and proper. (At this stage, Mrs. Ulla Margareta Sylvia Muhammad has questioned Muhammad Abdullah by speaking to him in English). Q. Have I done anything with you (with regard to the compromise) 'by force? No. Learned counsel for Mrs. Ulla Margareta Sylvia Muhammad has suggested one last question to be asked from each one of the contesting parties, namely, whether they would keep the welfare of the minor in their view in future as well. The suggestion is reasonable. Let this question be asked. Q. Will you keep the welfare of the minor in your view in future as well? A. (by Mrs. Ulla Margareta Sylvia Muhammad) I have always tried to do everything for the welfare of the minor and I promise that I will always keep his welfare in my mind. A. (by Muhammad Abdullah) I will always keep the welfare of my son, Muhammad Ali, in my mind. (Sd.) MA. Zullah A compromise has been reached out of Court between the contesting parties, with the assistance of their learned counsel. It includes the question of the custody of Muhammad Ali, the minor, which is now the subject-matter of this petition. I have examined both the parties and questioned their learned counsel. During the examination of both the parties, learned counsel have been afforded opportunity to put questions. The parties have also been afforded opportunity to question each other, which they availed of. After recording their statements and observing their demeanour in Court and keeping in view the statements made by their learned counsel, I am satisfied that the compromise reached by the contesting parties is voluntary and is otherwise free from coercion and undue influence of any type. It is not only beneficial for both of them but is also in the welfare of the minor. Arrangements have been made for the well-being and education of the minor. Care has been taken in the agreement that both the parties should have opportunity of showing love and affection to him. I am also satisfied that the compromise reached between the parties, apart from improving the present relations between the parties, would be of considerable assistance to them in resolving future disputes between themselves, including those relating to the minor. As in all such like matters the welfare of the minor, throughout remains the main consideration and the jurisdiction of this Court under section 491, Criminal Procedure Code, being discretionary, therefore, on the afore-expressed g satisfaction I have no hesitation in accepting the above-recorded terms of the compromise as the basis of the decision of this Court. Order accordingly. As both the contesting parties have reached a compromise, which has been accepted by the High Court being in the welfare of the minor it would be ` desirable if the State Agencies (Martial Law Authority and Police Investigating Officer) also act in the spirit of the compromise. Mrs. Ulla Margareta Sylvia Muhammad has stated that she is satisfied with the arrangements relating to the custody of the minor as settled and determined in the compromise deed. Therefore, it is obvious that both the parties would not like the aforesaid Agencies to take any action, which would have the effect of disturbing these salutary arrangements. With the above order, observations and remarks, this petition is finally disposed of. Before closing this order, I deem it necessary to note with appreciation the performance of the learned counsel for all the parties and particularly of Mr. Rustam S: Sidhwa, Advocate who acted as amicus curiae. The efforts made by Mr. Mahmood Ali Kasuri for bringing about a reconciliation between the contesting parties have also been appreciated by them with gratitude. H.B.T./M-1820/L ?????? ??????????????????????????????????????????????????????????????????????????Order accordingly.