8. This is not the case of ordinary impression. The instant case has its own facts and merits. It is admitted fact that the minor is in the custody of the petitioner eversince, she was 05 days old. Prima facie it seems that the minor was handed over to the petitioner by respondents No.1 and 2 with their own free will. It is also admitted that the petitioner and his family members are not strangers to the minor as the petitioner is living with her father and brother who are also father and brother of respondent No.2. It reflects that this arrangement continued till 2011 when some differences arose between the parties resulting into divergent litigation inter se the parties for the guardianship and custody of the minor. Admittedly, respondent No.1 filed application for restoration of custody of the minor on 29.10.2011 at a belated stage as at the relevant time, the minor had accustomed to the atmosphere provided by the petitioner and naturally minor had developed love and affection for the petitioner. Even otherwise, it is settled that claim of custody of the minor needs prompt recourse to the legal remedies, which is lacking in case of the respondent No. 1. Reference could be made of judgment reported in Mst. Shaheen Bibi (Nusrat Shaheen) Vs. Zulfiqar Ali Shah Kazmi and 2 others [(1995 CLC 306 (Lahore)].
Part of Judgment :
15-14
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