ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Constt: Petition No.S-96/2025

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DATE              ORDER WITH SIGNATURE OF HON’BLE JUDGE_________

01. For orders on office objection “A”.

02. For hearing of main case.

05-05-2025

                        Mr. Muhammad Afzal Jagirani, advocate for the petitioner.

Mr. Suhail Abbass Bhutto, advocate for respondent No. 4.

                        Mr. Abdul Waris Bhutto, Assistant Advocate General, Sindh a/w SIP Ali Dost on behalf of SSP Larkana and SIP Meer Hassan, Additional SHO, PS Waleed.

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Through instant petition, the petitioner has complained that her husband respondent No.4, after getting Khula by the Court of law, is causing undue harassment to her and her life and liberty are at stake. On notices, the respondent No.4 has appeared along with his counsel and contends that he has not caused any harassment. On a query as to whether he is looking after his two children or not, he replied that he is not being allowed to meet his children and for the very purpose he has filed the application under Section 7 & 25 of the Guardian and Wards Act, 1890 before the Family Court, Larkana and the same matter is pending adjudication before the Court. On a query that as to why respondent No.4 is not looking after his children and he has failed to provide the maintenance to them, the counsel for respondent No.4 contends that this Court has got no power to initiate suo moto proceedings or even in terms of the recent amendment under the constitution, this Court cannot go beyond the relief sought in this petition. This Court has due regard and respect to the contentions raised by the counsel for the respondent No.4 but at the same time this Court cannot close eyes on the fact that future of two minor children is involved and the lady who is ex-wife of respondent No.4 has alleged harassment at his hands. From the face of facts and the conduct of respondent No.4, the allegations contained in petition appear to be true and correct. The respondent No.4 is warned that in case any sort of harassment is caused to the petitioner, strict action shall follow. The petitioner shall approach the concerned police station where her statement will be recorded and appropriate action will be taken against respondent No.4. The petitioner submits that she is unemployed. Admittedly, the burden to look after the children lies on the shoulders of the father which he is avoiding to discharge since last more than 4 years. The petitioner is at liberty to initiate appropriate proceedings before the Court of law but in the meantime the counsel for the respondent No.4 has put a suggestion that respondent No.4 will pay an amount of Rs.5,000/- for the maintenance of children. The respondent No.4 shall pay the monthly maintenance amount of Rs.5,000/- per child to the petitioner and he is also granted visitation rights to meet his children. The respondent No.4 may visit the minors on every Sunday from 11:00 am to 12:00 noon at the house of petitioner. The petitioner shall arrange the meeting for the father with the minors in peaceful atmosphere. Additional SHO, PS Waleed is present in person and he has filed written undertaking wherein he submits that he will provide protection to the petitioner in accordance with law. SHO is directed to ensure protection to the petitioner and her children. It is clarified that in case any harm is caused to the petitioner, the concerned SHO shall be personally responsible.  The petition stands disposed of. The office is directed to forward the copy of this order to the family court and SSP Larkana.

                        JUDGE

Zakir/P.A