The petitioner Danish Alvi Thanvi filed a habeas corpus petition seeking recovery of his minor son Saad from the illegal detention of his ex-wife Mst. Norren Qaisar (Respondent No. 7). The petitioner and respondent were married for 13 years and had one son Saad who was born in 2010 and suffers from ADHD. In 2016, the respondent removed Saad from the petitioner's home and custody without permission. The petitioner has not seen his son since December 2016 despite efforts. The petition contends that the respondent's detention of Saad is illegal and against the child's welfare, who requires continued treatment for his medical condition. The petitioner requests the court to direct the police to recover Saad and hand over

1. IN THE HIGH COURT OF SINDH,
KARACHI
______________
HABEAS CORPUS PETITION NO. OF 2019
DANISH ALVI THANVI
S/O Iqbal Ahsan Alvi Thanvi,
Muslim, Adult, resident of
Flat No.B2, Clifton Garden 1,
Block-3, Clifton,
Karachi ………………………………………… Applicant/Petitioner
V E R S U S
1. Federation of Pakistan
Through its Secretary
Sindh Secretariat,
Karachi.
2. Inspector General of Police, Sindh
Sindh Police Headquarters,
I.I Chundrigar Rd, Lalazar, Karachi City.
3. DIG of Police East Karachi
4. Station House Officer, Shahra e Faisal PO
5. Federal Investigation Agency
Through its Deputy Director
Cyber Crime (NR3C)
Karachi
6. Captain Tariq Saeed​, Pakistan Navy
Through his Commander (COMKAR)
Headquarters Commander Karachi
9, Liaquat Barracks Karachi
7. Mst. Norren Qaisar
D/O Syed Qaider Ullah
Muslim, Adult Resident Of
House No.A.25, Gray Heights,
Block 12, Gulistan-e-Johar,
Karachi. (East) .……………………………… Respondents

2. PETITION UNDER ARTICLE 199 OF THE
CONSTITUTION, 1973 READ WITH SECTION 491 OF
CRIMINAL PROCEDURE CODE
It is respectfully submitted on behalf of the above named applicant as
under
BRIEF FACTS
1. That the Petitioner is a respectable, law abiding citizen of
Pakistan. He is a highly qualified and successful businessman and
belongs to a noble and highly respectable religious family.
2. That the facts and events leading to the filing of this Petition are
of grave nature and require immediate attention of the Honorable
Court to take notice and provide remedy in order to protect a 8
years old minor child from unprecedented threats to his
psychological and physical wellbeing.
3. That the Petitioner was married to the Respondent No. 7 for 13
years (from 2005 to 2017). After 5 years of wedlock, a baby boy
named “Saad” (Detainee) ​was born in the year 2010 (DOB
22.10.2010) at the habitual residence of the petitioner located at
B2, Clifton Garden 1, Clifton Block 3 Karachi.
(Copy of the Nikah nama and Birth Certificate and other identity
documents of the Detainee are attached as ANNEX-A)
4. It is pertinent to mention here that since birth, the minor
(detainee) is suffering from a brain disorder commonly known as
Attention-Deficit/Hyperactivity Disorder (also known as ADD)
that if not treated well may cause impairment of Impulse Control

3. 5. That the treatment of ADHD required long term commitment,
patience and tolerance from both the Petitioner and Respondent
No. 7 in order to facilitate the healthy and natural upbringing of
the minor Son (Detainee). Therefore for this purpose, the
Petitioner got the minor Son (detainee) admitted in one of top
premium Schools named “The International” situated near
Petitioner residence in Clifton Block 3.
(Photocopy of Detainee school fees and screenshot of the email update
from School regarding ADHD treatment of Detainee attached as
ANNEX-B)
6. It is pertinent to mention here that the Respondent No. 7 failed to
cope up with the tolerance level required to handle the ADHD
affected minor (Detainee) on daily basis. ​The Respondent No. 7
was dealing with the minor with aggression and impulsivity and
reacting to the minor son (Detainee) in rater abusive manner
especially when not in public.
7. That on 28.12.2016 the Respondent No.7, after a heated discussion
with Petitioner on her abusive behavior with the minor
(Detainee), decided to leave the matrimonial home and removed
the minor (Detainee) from the possession of the Petitioner
without his knowledge or permission and started living illegally
along with 2 elder sisters who are also divorced and sharing an
apartment owned by their widowed mother in Block 12 of
Gulistan-e-Johar where the minor Son is detained since 28.12.2016
to date.
8. That after leaving petitioner’s home, the Respondent No. 7
started leveling false and fabricated allegations on the Petitioner
to justify her actions of leaving her matrimonial home. It is

4. 9. Thereafter the ADHD treatment of the detained minor was
illegally stopped by the Respondent no. 7 and the minor was
removed from the school where his treatment of ADHD was in
progress for more than 1 year. It is stressed that the Respondent
no. 7 had no authority to do so without permission of the
Petitioner who was bearing all the direct and indirect costs of
minor’s ADHD treatment.
10. That in continuation of the character assassination of the
Petitioner and in order to stop him from visiting the place where
the minor Son is detained, the Respondent No. 7 created false
apprehension as to the existence of fake threats from the
Petitioner with the malafide intention of harassing the Petitioner
and his family with the help of a serving Captain of Pakistan
Navy, Captain Tariq Saeed (Respondent No. 6).
11. It is pertaining to stress here that the Respondent No. 7 with the
help of Respondent No. 6 continue harassment against the
Petitioner by abusing the position of a serving Navy officer and
submitted fake and fabricated applications to Police and FIA
Cyber Crime as pressure tactic against the Petitioner and to
barred the Petitioner from entering in the jurisdiction of Shahrah
E-Faisal PO where the minor Son of the Petitioner is detained
illegally.
(Photocopy of the false Application submitted to SHO of Shahrah
E-Faisal PO and FIA notice to the Petitioner is attached as ANNEX-D)
12. That after obtaining the Divorce Certificate from Union Council,
the Respondent No. 7 filed Guardian and Ward application no.
3352 of 2018, for the grant of Guardianship Certificate, however
maliciously declared the minor as “Adopted” without any

5. status as the true father and natural guardian of the detained
minor.
(Photocopy of misleading G&W Application submitted by the
Respondent no. 7 attached as Annexure E )
13. Whereas the Petitioner who is claiming to be the true father and
legal guardian of the detained minor is providing this Honorable
Court with the copies of the following set of Government Issued
Identity Documents establishing the identity of the detained
Child that are clearly recognizing both parents in their individual
capacity:
a. Copy of the birth certificate of the minor Son (Detainee)
issued by the National Database Registration Authority on
29th March 2011 from the office of the Registrar General,
clearly mentioned the names and CNIC numbers of both
the Applicant and the Respondent no 7 as Mother and
Father respectively, attached herewith in ​Annexure A1
b. Child Registration Certificate / Form B copies verified
online by NADRA website attached herewith in ​Annexure
A2 and A3
c. Copy of the first Passport issued to the minor (Detainee),
number AC710641 bearing citizenship number
42301-5217864-5 issued on 21st November 2011 valid till 19
Nov 2016 issued by The Office of DG Passports and
Immigration attached herewith in ​Annexure A4.
d. Copy of the renewed and current Passport issued to the
minor (Detainee), number AC710641 bearing citizenship
number 42301-5217864-5 issued on 4th November 2016
valid till 02 Nov 2021 issued by The Office of DG Passports
and Immigration attached herewith in ​Annexure A5
e. Copy of the Dependant Pass issued by the Government of
Singapore to the minor Son (Detainee), bearing FIN ID:

6. the child from the Petitioner’s custody and the Petitioner was
forcefully stopped to meet with his only Son for 2 years. The
Respondent No.7 has taken all steps to keep the child from his
legal and legit father. The Petitioner has not seen his son since
28th of December 2016, despite his endless efforts. It is a travesty
of justice to keep the child away from his father in such illegal
manner.
15. That the Petitioner ran pillar to post for the redressal of his
grievance but the voice of the petionner was not heard in deaf
corridors of power and no one is ready to turn his deaf ear to the
strikes of the petitioner, therefore the petitioner ​beg ​for the ​special
indulgence of this honorable court
16. That there ​is no ​alternative and efficacious speedy remedy
available to the petitioner except to invoke the constitutional
jurisdiction of this honorable court on the following grounds:
GROUNDS
1. That the Respondent No.7 has illegally and unlawfully removed
the minor from the Petitioner’s custody. Thereafter, the Petitioner
has not visited or seen his son since 28th of December 2016, as the
Respondent No.7 and her family are illegally detaining the child
and not allowing the petitioner to even visit him, Hence, this
petition.
2. That it is pertinent to mention here that the minor son (detainee)
is suffering from Attention-Deficit/Hyperactivity Disorder
(ADHD/ ADD) since birth and he was admitted to a specialized
school for the treatment of this disorder. However the Respondent
no. 7 removed the minor (detainee) from his school in an abrupt
manner and against the will of his Father (Petitioner). The sudden
cessation of his treatment is causing increased inattentiveness,

7. 3. That in addition to the above facts, the forceful removal of minor
/ detainee from his habitual residence and sudden change of
environment further complicating the ADHD disorder effects on
the detainee and causing ​excessive crying and depression​. It has
come to the knowledge of the Petitioner from credible sources
that the Respondent No. 7 is planning to remove the minor from
Karachi, with mala fide intention and ulterior motives to
permanently deprive the minor / detainee from the Petitioner,
hence this Petition.
4. That it is in the best interest of the minor child that he must be
transferred in the custody of Petitioner as soon as he is recovered
from the detention of respondent no. 7. Whereas the Respondent
no.7 is claiming the minor as “Adopted” without any evidence,
such claim by the respondent no. 7 ​is ​motivated, stinking,
unlawful, illegal, unwarranted, nasty ​and ​have no force ​in ​the ​eyes
of law.
(Photocopy of malicious G&W Application submitted by the
Respondent no. 7 attached as Annexure E )
5. That after making this false claim that the minor was “Adopted”,
the Respondent no. 7 lost her legal and moral authority on the
detained minor who is the son of Petitioner . It is essential for the
welfare of the child that he enjoys the warmth of his father’s care
under his security without any further delays.
(Petitioner's salary certificate, his income statements and Tax details
are attached in Annex A-7 as evidence of his stable financial background
and all the capacity to give the best of all to his minor son. )
6. That the Respondent No.7 has no lawful authority to keep the
child away from his father. Thus far, the Petitioner has been

8. 7. That thereafter the Petitioner approached to his elders for the
recovery of his son from the illegal custody of Respondent No.7
but could not succeeded.
8. That after failure of Petitioner’s elders the Petitioner approached
to the Respondent No.1 and 2 for the recovery of his son from the
illegal detention of Respondent No.7 but the Respondent No.1
and 2 did not give any proper response and failed to take any
legal action for the recovery of Petitioner’s son.
Application for the recovery of Detainee to DIG East Karachi is
attached in Annex E
9. That the life of detainee is under risk as he is in the illegal custody
of the Respondent No.7 beyond his will/wish and there is great
apprehension of his psychological well being.
10. That in case of further delay in recovery of detainee from the
illegal detention of Respondent No.07 he will lose his mental
health.
11. That it is travesty of justice to keep away from his father in such
manner.
12. That the Petitioner is a real father of the detainee, and is entitled
to file this petition before this Hon’ble Court. The Petitioner is a
well established businessman and have enough monthly income
to take care of the minor (detainee) and contribute in his healthy
growth. ​(Income tax details and salary certificate of the
Petitioner is attached in Annex A-7 as proof of sustainable
financial conditions for the wellbeing of the minor son)
13. That the Respondent No.7 has put the detainee in Habeas Corpus
in her mother’s house amounting to abduction and as such the

9. illegal detention and given back in the custody of his legal and
legit guardian (Petitioner).
15. That further grounds shall be respectfully submitted at the time of
hearing of this application with the permission of this Hon’ble
Court.
16. That this Honorable court in its constitutional jurisdiction has the
power to treat the instant petition as a Habeas Corpus petition
under section 491 Crpc.
17. The Petitioner reserves the right to urge further grounds at the
time of hearing of the petition.

10. P R A Y E R
It is, therefore, humbly prayed that this Honorable Court may be pleased
to:
(a) To direct the Respondent No.04 S.H.O. P.S Shahra e Faisal
Karachi to recover the detainee, from the illegal custody of the
Respondent No.07 and produce him before this Honourable
Court and with the kind permission of this Honourable Court
be handed over his custody to the applicant/ petitioner in the
best interest of justice with a minor child who is detained for 2
years.
(b) To direct the Respondent No.1,2,3 & 4 to ensure that the minor
is produced before this Honorable court.
(c) To restrain the Respondents No.6 and 7 from harassment
against the petitioner by using personal contacts in Police and
FIA Cyber Crime Cell Karachi.
(d) To direct the Respondent No. 5 to reevaluate the merit of any
such complaints submitted against the Petitioner in the light
of this petition and ongoing harassment against the petitioner.
(e) It is respectfully prayed that impugned Guardian and Ward
application no. 3352 of 2018 submitted by the Respondent no 7
may kindly be declared irrelevant, null and void.
(f) To Grant any other relief that this Honorable court may deem
fit and proper in the circumstances.
Petitioner

11. IN THE HIGH COURT OF SINDH, KARACHI
HABEAS CORPUS PETITION NO. /2019
DANISH ALVI THANVI………………………………………Petitioner
V/S
Federation of Pakistan & others ……………………Respondents
A F F I D A V I T
I, DANISH ALVI THANVI S/O Iqbal Ahsan Alvi Thanvi,
Muslim, Adult, resident of Flat No.B-2, Clifton Garden 1, Block-3,
Clifton, Karachi do hereby state on Oath as under:-
1. That I am deponent of this affidavit, as well as petitioner in
this Petition, hence am fully aware with the facts of the
petition.
2. That I say that the accompanying petition U/S 491 Cr.P.C has
been drafted and is being filed by my counsel under my
specific instructions and the contents of the same read over to
me and I put my sign on it.
3. That I say that the Respondent No.07 has forcibly detained my
son/detainee Saad Bin Danish from me and have illegally
detained him.
4. That I say that in case of further delay in recovery of the
detainee from the Respondent No.07 the detainee will lose his

12. Whatever stated above is true and correct to the best of my
knowledge and belief.
KARACHI, SINDH,
DATED: .01.2019 DEPONENT
Identified by me.
ADVOCATE
Sworn on Oath before me by the deponent above named
on this day of January, 2018, who is identified to me ​by MR. AFTAB
ALI, ADVOCATE​, who is known to me personally.
COMMISSIONER FOR TAKING AFFIDAVITS

13. Annexure A​ Copy of the Nikah nama marriage certificate and identity
documents of the Detainee

15. Annexure A1 Birth Certificate of the detainee
Birth Certificate issued by Government of Sindh to Saad bin
Danish ( detainee) son of the petitioner

16. Annexure A2- Child Registration Certificate by NADRA

17. Annexure A3 - Online verification of Form B and Birth Certificate

19. ANNEXURE A4 ​Copy of the first Passport issued to the Detainee

20. ANNEXURE A5 Copy of the renewed and current Passport issued to by
the detainee

21. Annexure A6 - ​Singapore Dependent pass issued to Petitioner,
Respondent no. 7 and detainee

23. Annexure A7- ​Proof of stable financial background of the Petitioner and
sufficient ability to take care of the minor needs and well being as his father and
legal guardian
Petitioner Salary Certificate

24. Petitioner Income Tax Return

25. Petitioner Wealth Assessment

26. Petitioner Wealth Assessment

27. Annexure B - Photocopy of Detainee school fees, his progress report and
screenshot of the email update from School regarding ADHD treatment of
Detainee

28. Academic progress of the School from where detainee was removed illegally
without permission of father

30. ,Dear Parent
Below are the points that were discussed in the meeting between the SEN
Coordinator, Ms. Mariam Khoso and Saad's mother, Mrs. Danish.
● It was acknowledged that, as per the tentative report provided by
the psychologist, Saad has ADHD.
● The level of ADHD has still not been established.
● The parent (mother) informed the SEN Coordinator that Saad is still
being evaluated and that his next visit to the psychologist has been
scheduled for three weeks after.
● The mother was adviced by the SEN Coordinator to go for remedial
help in order to get a better plan and idea which would help Saad's
learning and will help him overcome any obstacles.
● The mother was adviced to look in to CARE and READ to get a
second opinion and also to find a remedial teacher who would help
Saad and come up with an IEP.
● Once a remedial teacher has been appointed, she can contact and
correspond with the SEN Coordinator and Saad's homeroom
teacher. The parent will be in the loop in all correspondence.
● The mother showed the SEN Coordinator Saad's work at home. She
said that he had steadily improved. While his work quality did
seem to be compartively improved, it was brought to the mother's
notice that unlike at home, Saad has other children and people
around him, which serves as constant distraction for him and
considering that he does have ADHD it would be even harder to
focus his energies on the work at hand.
● The mother said that Saad has a lot of energy but does not have
much of an outlet to exert it as he is the only child and does not
have many friends.
● The mother was adviced to take Saad out for social activities which
will not only redirect his energies and help him channel them in a
productive way but also help him socialize with other children his
age and older. This would in turn help him familiarize himself and
feel at ease with other children. This familiarity would help him get
less distracted in school.
● The mother was adviced to take him for football or other sports
activities and also invite his class friends for a play-date.
● Once he has been assessed by the psychologist and the parents have
appointed a remedial teacher for him, the SEN Coordinator and the
parent would meet up again.
__________
Regards,
Nirmal Solanki • PYP Administrator • The International School (First IB

31. ​Annexure C - ​copy of defamation notice sent to Respondent no. 7 which was
never replied

34. ANNEX-D -​ Photocopy of the false Application submitted to SHO of Shahrah
E-Faisal PO and FIA notice to the Petitioner

35. Fake complaint in FIA cyber Crime by respondent no. 7 against the petitioner

36. Annexure E Photocopy of misleading and malicious G&W Application
submitted by the Respondent no. 7

39. Annexure F - ​Application submitted by Petitioner to DIG East Karachi
and requested assistance in resolving this matter

42. Annexure G Photograph of the one day old minor (detainee) with his
mother (Respondent no.7) who is now denying him as her son