The Supreme Court on Thursday disposed of Misbah Irum case after both parties reached an agreement on the basis of compromise.
The bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Mian Shakirullah Jan and Justice Saiyed Saeed Ashhad disposed of the case after the mother of Misbha Iram agreed through compromise to withdraw all the cases filed against the petitioner, Sajjad Ahmed Rana, in different courts, if she was allowed to meet her daughter freely.
The court also set aside the judgement of Lahore High Court regarding the custody of Misbah Irum holding that any observation made on the law point cannot be considered as precedent. The court ordered that the mother of Misbah Irum would be free to visit her daughter and before travelling to Pakistan she would intimate the Registrar of Supreme Court about her travel.
The Registrar will work out the expenses of stay in Pound sterling and Sajjad Ahmed Rana has to deposit the calculated amount to the registrar of the court. As Louise Ann Fairly is foreigner so the registrar of the court would sent letter to Inspector General Punjab for providing her security at arrival and departure to Pakistan. The report should also be sent to registrar when she will leave the country.
The court ordered that the contents of the agreement would be integral part of the judgement. The counsel of the father of Misbah Irum said that the supreme consideration in the case was the welfare of the child. The parties agreed to dispose of the matter in terms of compromise, which they gave in writing to the court.
It is said in the agreement that Louise Ann Fairly agreed to withdraw all the litigations against Sajjad Ahmad Rana if Misbah Irum desired to travel Scotland to meet her mother he would have no objections.
If Louise Ann Fairly visits Pakistan to meet her daughter she would be provided security and the expenses of her stay and travel would be born by Sajjad Ahmad Rana. Sajjad Ahmad Rana will have no objection if Louise Ann Fairly wants to talk with her daughter on telephone.
Both parties also agreed that they would not claim any costs whatsoever from the other party for the litigation filed at their instance before any Court. Misbah Irum informed the court that presently she had no plans to visit her mother. While talking to media men Misbah Irum said that she was very happy as she never intended to visit Scotland. "I am glad that this court business is over", she said.
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