Judgment Summary: Child Custody Case

Case Overview
This case is about a mother (the petitioner) requesting custody of her two young children from their father (the respondent). She claimed the father took the children without her permission. Although her petition included other requests, the main focus was to get custody of her children.

Key Details

Marriage and Divorce
The mother and father were married on March 5, 2018, and had two children. Later, they divorced. The mother mentioned the divorce in her petition but did not provide proof of it.

Claims of Forced Custody
The mother claimed that the father took the children by force. The father denied this, saying the mother had willingly signed an agreement giving him custody, witnessed by family members.

Arguments from Lawyers

Mother’s Lawyer
The mother’s lawyer argued that the father took the children without her permission and even threatened her. They claimed the mother reported this to the police, but they did not help because of the father’s influence. The lawyer also expressed concerns about the mother’s safety.

Father’s Lawyer
The father’s lawyer argued that the mother had signed an agreement willingly, giving custody to the father. They claimed that the mother came forward only after remarrying, suggesting her request for custody was an afterthought. The father’s lawyer also said that the mother should have used the proper court, the “Guardians and Wards Court,” for her request instead of filing this petition.

Court’s Findings

1. Lack of Evidence
   The mother did not provide evidence to support her claim that the father took the children by force, nor did she provide any police report. Her delay in filing the case also weakened her claim.
2. Written Custody Agreement
   The court reviewed a written agreement (“Iqrarnama”) showing that the mother agreed to give custody to the father. Since she didn’t dispute the agreement, the court accepted it as valid.
3. Wrong Court Used
   The court noted that the mother should have gone to the Guardians and Wards Court instead of filing this type of petition.
4. Errors in Petition
   The mother made mistakes in the children’s names, which showed a lack of attention to detail in her filing.

Final Judgment

The court found that the mother had willingly given custody to the father and that her delay in seeking custody did not show urgency. Since the mother did not follow the proper steps, the petition was dismissed.

Decision
The petition is dismissed, but the mother still has the option to seek custody through the Guardians and Wards Court if she wishes.

Order
Petition dismissed along with all pending applications