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Civil Revision No.890 of 1983, decided on 5th February, 1984.

Guardians and Wards Act (VIII of 1890)--

--S.25--Civil Procedure Code (V of 1908), S.115--Custody of minors- Concurrent findings of Courts below giving custody of minors to father- Compromise between parties (mother and father)--Parties bringing out a working arrangement so that minors are not left without love and care of both parents--High Court in the interest and welfare of minors disposed of revision in terms of such compromise in circumstances.

(b) Civil Procedure Code (V of 1908)--

---S. 35--Costs--Parties adopting reconciliatory course--No order as to costs made.

Muhammad Rafiq Chauhan for Petitioner.

Respondent in person.

Date of hearing: 5th February, 1984.

This matter arises out of the dispute over the custody of minor' children.

2. The brief facts are that respondent Muhammad Azam and Mst. Azra Begum petitioner were married for considerable time and out of the wedlock, four children were born. Their names are Zulifqar Ahmad, Aftab Ahmed, Shahzad and Ijaz. The learned Judge Family Court on a -petition filed by respondent Muhammad Azam under section 25 of the Guardian and Wards Act ordered that the children shall remain with the father. Further, on appeal filed by the present petitioner, the order of learned Judge Family Court was confirmed by the learned Additional District Judge. Now the proceedings are before this Court.

3. On receipt of notice, respondent Muhammad Azam is present in person. I have heard both the sides.

4. It has been agreed to by both the sides that in the best interest of three minor children who are in the custody of the mother this Court should make a working arrangement so that the children are not left without the love and care of both the parents. The respondent states that he should be entitled as of right under the orders of this Court to receive his children for living in his house on every first Thursday of the month (after school hours) till Friday evening. The respondent has himself volunteered as a God fearing person that he is ready to pay for the maintenance of three sons who are with the mother. He states that he shall not pay less than Rs.250 per month for the maintenance of each child and otherwise, sky is the limit. The maintenance shall be paid monthly to the children who are with the mother through money orders. The respondent also under takes to collect the children from the house of the petitioner and leave them back at the place without fail. He further states that the case be decided in terms of the compromise to end the litigation and that he shall abide by these undertakings.

5. The learned counsel for petitioner states that he gives a solemn undertaking on behalf of Mst. Azra Begum that she shall abide by the arrangement arrived at through this compromise course.

6. I have considered the over all facts and circumstances of this case. Keeping in view the interest and welfare of the minor children and also the spirit of compromise, I .would direct that respondent Muhammad Azam shall be entitled to collect the three minor children from the custody of the mother on first Thursday of every month (after school hours) and take them to his house and other recreational places and leave them back at the house of their mother on the next A day i.e. Friday evening. The respondent shall also pay a sum of Rs.250 per month by remittances through money orders for the maintenance of each of the three children who are living with the mother till they attain the age of majority. The respondent is free to pay anything in excess of the aforesaid amount, should he so wish.

With these directions in the light of the terms of the compromise and in view of the undertakings given by the parties, this revision petition stands disposed of. As the parties have adopted a reconciliatory course, there shall be no order as to costs.

A.A.

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