ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Constt. Petition No.  S-  137 of 2013.

Date of hearing

Order with signature of Judge

28.02.2013.

For Katcha Peshi.

          Mr. Faiz Muhammad Larik, Advocate for petitioner.

          Mr. Ali Raza Pathan, State Counsel alongwith PSI Muhammad Hanif Metlo for S.S.P Larkana, SIP Manzoor Ahmed Bhatti, SHO PS Hyderi.

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          Mr. Ghulam Qadir Tunio, Advocate files Vakalatnama on behalf of respondents No. 2 to 4. Statements filed by respondents No.1 and 5 are taken on record.

          Petitioner, who is a divorcee, has filed this petition that her ex-husband through official respondents are causing harassment. Without going into this controversy as to whether the private respondents are causing harassment to petitioner the official respondents are directed not to cause any harassment to petitioner at the behest of the private respondents.

          As far as custody of the two minor children, namely, Abdul Wasi and baby Asma, aged three years and 1 ½ year, respectively is concerned; at the moment they are in custody of petitioner/ mother. Learned counsel appearing on behalf of respondents No. 2, 3 and 4, submits that the respondent No.2 is the father and he is more concern for the welfare and safety of the children.

          Be that as it may, in case the father feels that he can take are of children better than mother he can approach Guardian Court in accordance with law for custody of the minors. The mother in the meantime shall take care of the children and their protection. The age of the children is such that presently they need to be in the custody of the mother rather than father, in case it is otherwise required that the welfare is not with the mother. Without prejudice to the parties, both the parties concede that the welfare of the children is to be decided by the Guardian Court without being influenced by any observation of this Court.  The learned counsel for respondent No.2, undertakes that they will not take away custody of the children forcibly.

          In the above terms the petition stands disposed of.

Judge