ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C.    P. No.D-781  of  2010.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

27.5.2010.

For Katcha Peshi.

Mr. Mus’ab Baleegh Dhamrah, advocate for the petitioner.

Mr. Azizul Haque Solangi, Asst. A. G., and Mr. Ali Raza Pathan, State Counsel.

Mr. Bakhshan Khan Mahar, advocate for respondent Sajan.

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                   Petitioner Mst. Aisha is produced by Incharge, Dar-ul-Aman, Larkana.  Respondent Sajan is present alongwith his learned Counsel Mr. Bakhshan Khan Mahar.  By order dated 20.5.2010, mother of petitioner was called, as according to the petitioner Mst. Aisha, the house belongs to her mother.  Mst. Sachul, mother of petitioner Mst. Aisha, has appeared in Court today and she states that the house belongs to her and she has given the house to her daughter Mst. Aisha to reside in the house.  The grievance of petitioner Mst. Aisha is that she was ousted by Sajan from the house by divorcing her and snatched one son and two daughters, while one son and one daughter are with her.  Mst. Aisha stated in her application, which was treated as constitutional petition, that Sajan her ex-husband was in habit of gambling and has not provided maintenance to her and her children and always kept a suspicious eye upon her.  Consequently, she has obtained divorce from him.  Being a male, Sajan has forcibly ousted Mst. Aisha and her mother from the house.  Seeing no other alternate she moved an application to the concerned Court and was remanded to Dar-ul-Aman, Larkana.  She wants to reside in her house alongwith her mother, which is in possession of Sajan, her previous husband.  Sajan states that the house belongs to Mst. Sachul, but on her directions he has constructed the house, hence he is the lawful owner of the house.  He has not produced any documentary proof.  Seeing the poor position of Mst. Sachul and her daughter Mst. Aisha we direct the S.H.O. of PS Rustam present in Court to get the house vacated from Sajan and handover the same to Mst.Aisha and Mst. Sachul.  Mst. Aisha also made complaint that Sajan has not paid maintenance to her children.  The case of maintenance should be decided by the competent Family Court.

                   This petition is disposed of in the above terms.  Incharge Dar-ul-Aman, Larkana is directed to set the petitioner Mst. Aisha free.

                                                                                                JUDGE

                                                                   JUDGE