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Criminal Miscellaneous No. 591‑H of 1982, decided on 23rd January, 1983.

‑‑‑S. 491‑‑Habeas corpus ‑Custody of minor‑‑Comprehensive compromise regarding custody of minor and management of property of deceased husband of petitioner, effected between parties‑‑Arrangement having wholesome effect of securing welfare of minors and bringing amity and peace between parties‑‑Petition accepted in terms of compromise.

Malik Abdus Sattar Chughtai for Petitioner.

The case has been heard on various dates. The matter involved the welfare of the minors. Through the good offices of the learned counsel for both sides now the parties i.e. relatives of the widow as well as the two respondents who are the paternal first cousins of the deceased husband of Mst. Syeda Tallat Zohra have come to a working arrangement and entered into a comprehensive compromise which also' involves the custody of the minors including their education and property etc. The compromise is signed by Mst. Syeda Tallat Zohra, Syed Mahfooz Hussain and Syed Sharafat Ali and the learned counsel for the parties. It has been placed on the record.

2. Since this arrangement has wholesome effect of securing the welfare of the minors and bringing about amity and peace between the parties. I have no hesitation in allowing it in terms which have been arrived at between the parties. This would also end the multipicity of litigation going on in various Courts. I have personally asked the parties and their relatives who are present and they fully own and endorse the contents of the compromise deed. The minor children will be admitted in Madrassatul Banat and the expenses for the same would be borne by Syed Mahfooz Hussain. Let the petitioner get a copy of this order and approach the Principal, Madrassatul Banat in that behalf.

3. In so far as the Court of Wards is concerned, in supersession of the previous arrangement, it has been now agreed to between the parties that the property of the deceased Syed Sajjad Haider would be looked after jointly by a representative from each side. It has been decided that on behalf of the relatives of the deceased Syed Iftikhar Ahmad son of Mian Ghulam Rasul, Chairman, Union Council Chak No. 119 Bhalair District Sheikhupura and on behalf of the widow and children of the deceased Syed Irfan Haider a relative of the widow would jointly look after and manage the property and keep and maintain proper accounts. With this modification, the petition is disposed of in terms of the compromise arrived at between the parties.

S.A. /T‑2/L Order accordingly.

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