ORDER SHEET
HIGH COURT OF SINDH AT KARCHI
C.P.No.S-247 of 2009
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Order with signature of Judge
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1. For orders on office objections No. 3 & 4 a/w reply
2. For Katcha Peshi.
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11.05.2009.
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Ms Uzma Rafique, Advocate for the petitioner.
Mr. Asadullah Baloch, State counsel.
Mr. Nisar Ahmed Dogar, Advocate for the respondent No.3.
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This petition has been filed for recovery of five children namely Sharjeel aged about 9 years ; Rimsha aged about 8 years ; Lyba aged about 6 years ; Fizza aged 3 years ; and Maryam aged about 1 ˝ months on the ground that these children are in the custody of her husband.
This case was taken up in earlier petition bearing No.155/2009 wherein the petitioner herself was produced through police and after a lot of hesitations and seeking time again and again to consult her parents, the petitioner very reluctantly inclined to go with her parents and requested that she wants a settlement between the parents of the spouse while she had no complaint against her husband. At that time, she also requested that the suckling baby may also be given to her but since that petition was only for recovery of the lady, therefore, that petition was disposed of with certain directions.
This petition has subsequently been filed for recovery of the children. Notices were issued and keeping in view past proceedings in C.P.No155/2009 directions were issued that two children namely Maryam 1 ˝ months and Fizza 3 years to be produced which has been done today. Keeping in view that there was no complaint between the spouse themselves and differences between their parents were highlighted by each party, therefore, at the moment keeping in view the past conduct of the parties, their statements as well as ages of the children, it is ordered that detenues No.4 and 5 i.e. Fizza aged 3 years and Maryam alias Ayesha aged 1 1/2 months be handed over to the petitioner, which has been done today by handing over their custody to the father of the petitioner while the petitioner herself, according to learned counsel, is seriously ill. It is further directed that respondent No.3 will have the right to meet his both daughters and petitioner and her parents will provide all the opportunities for his meeting. As far as custody of other children and question of guardianship of all the five children is concerned, the parties may approach the Guardian & Wards Court.
Petition stands disposed of.
JUDGE