ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C. P. No.S-79   of  2011.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

04.3.2011.

1. For orders on M. A. No.906/2011.

2. For Katcha Peshi.

3. For orders on M. A. No.199/2011.

Mr. Habibullah G. Ghori, advocate for the petitioner.

Mr. Naimatullah Bhurgri, State Counsel, alongwith SIP Sadoro Lashari, S.H.O. PS Airport, Jacobabad.

                             ----------------------

                   Through instant petition, the petitioner complained about abduction of her minor daughter, namely, Baby Komal by her ex-husband respondent No.4, namely, Safdar Ali Shah.

                   Notices were issued to the respondents, in pursuance to which the respondent No.4 appeared in Court, denied the allegations and stated that Baby Komal was in the custody of the petitioner, who was divorced by him and that the petitioner has filed instant petitioner malafidely to cause harassment. 

                   Learned Counsel for the petitioner insisted that since a minor baby is missing, the concerned D.P.O., may be directed to find out the whereabouts of the baby by conducting an enquiry and to produce the alleged abductee in Court.  Orders were passed; whereafter police raided the house of the respondent No.4 and other places, but the minor was not found. 

                   On 21.2.2011, on the request of D.P.O. concerned, further time was allowed, however, the D.P.O., was directed to ensure the production of the detenue in Court on the next date of hearing, failing which adverse orders were directed to be passed in this regard, and the matter was adjourned to 04.03.2011.

                   Today, respondent No.1/SIP Sadoro Lashari, S.H.O. PS Airport, Jacobabad, has produced the minor Baby Komal, who, as per his statement, on receiving spy information during patrolling, found Baby Komal standing near Aastana of Afzal Baba.

                   Under the circumstances, the purpose of filing the instant petition has been achieved.  Custody of the minor Baby Komal is given to the petitioner.  Learned Counsel for respondent No.4 states that the respondent No.4 will be allowed to approach the concerned Family Court for seeking custody of the minor, which, according to him, is not being properly brought-up by the petitioner.  Both the parties are at liberty to file any legal proceedings for the custody of the minor as per law, however, they are cautioned not to adopt any illegal recourse in this regard.

                   The learned Counsel for the petitioner states that the official respondents may be directed to provide protection to the petitioner with particular reference to custody of the minor.  The learned State Counsel states that all legal protection, as and when required, will be provided to the petitioner as per law.

                   By consent of the parties, instant petition stands disposed of in the above terms, alongwith listed applications.

                                                                                                JUDGE