ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
C.P No. S-458 of 2024
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Date |
Order with signature of Judge |
1. For order on office objection.
2. For hearing of main case.
The petitioner present in person.
Ms. Reshma Sial advocate for respondents No. 1 and 2 along with respondent No.1.
Date of hearing: 12-03-2025.
Date of order: 12-03-2025
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O R D E R
Omar Sial, J.- Petitioner Mst. Saima and respondent No.1 Ayaz Ali Sial are present in person. Ms. Resham Sial advocate files vakalatnama on behalf of respondents No.1 and 2, which is taken on record.
2. Respondent No.1 Ayaz Ali Sial seems to be a reasonable man and has submitted through his advocate that Mst. Saima is welcome to visit the children at any time she wants to and for as long as she wants to. His counsel submits that the primary reason is that the children are with him is that Mst. Saima does not have the financial means to support two children even though he has agreed for the maintenance to be paid to her. He wants a better future for his children, therefore, is of the opinion that their lives might be adversely affected.
3. I notice from the impugned order dated 18.09.2024, passed by the learned Family Judge-II, Dokri that it was a consent order that custody be given to respondent Ayaz Ali.
4. Be that as it may, there is a strong argument that custody orders are not in perpetuity and changing circumstances of the mother/father may have a bearing or the custody of children.
5. It would be appropriate if Mst. Saima moves another application seeking custody before the learned Guardian and Wards Court, which shall be at complete liberty to decide the matter on merits in accordance with law and unimpacted by anything written in this order. Mst. Saima has been explained in a language which she understands and she is happy with this order and does not wish to press this petition further.
6. Instant petition stands disposed of in the above terms.
Judge
Abdul Salam/P.A