ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT, LARKANA.

Constt: Pett: No.S-105 of 2013.

Dated                                   order with signature of hon’ble Judge.

For katcha Peshi.

18.03.2013.

Mr.Syed Fida Hussain Shah,  advocate  alongwith the petitioner.

Mr. Ghulam Mohiuddin Durani, advocate alongwith respondents No.5  and 10.

Mr. Riaz Hussain Khoso, State Counsel alongwith SIP Abdul Rasool Bughio, SHO P.S B-Sec: Shahdadkot.

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                        Today in compliance of the order passed by this Court,  the respondent No.5  Karam Khan appeared  alongwith three children.  Out of three, two are  school going whose school cards are  produced, copy whereof  is placed on record. As far as  third child is concerned namely baby Sehar Kiran whose age is disputed by both the parties,  the respondent No.5  has produced  a “Vaccination Record” in terms whereof   the date  of birth of youngest daughter of petitioner  is shown as 28.09.2008.   I have also observed the relationship  of the youngest  child  baby Sehar with the mother, the child showed repulsive attitude and started  crying  when she was handed over to the petitioner.   The fact  as stated by the learned counsel for the petitioner  are apparently incorrect as far as  age of baby Sehar is concerned who was  stated to be 15 months.  Apparently  she is not   at  all of 15 months and perusal  of vaccination  record tentatively shows that she is around 4 ¼ years old.  It is disputed by the learned counsel for the petitioner  however, he is unable to produce   any record to determine her age. The repulsive attitude of baby Sehar  does not prove that she has been recently removed from the custody of petitioner (mother).

            In view of the above,  since   two elder children are not of such age which could require immediate intervention of this Court for their handing  over to the petitioner.  The youngest baby Sehar is also  maintained by the father/respondent No.5  therefore, without prejudice to the case of either party, we   dispose  the petition   by directing the petitioner to avail proper  remedy   available to her under the law  by moving appropriate application before  Guardian and Wards Court.  In case the petitioner moved such application, the interim  or permanent custody  of  the children will be decided by the learned Guardian and Ward  Court within two months and six months respectively.  Till  such time, the petitioner  avail such remedy, the respondent No.5   shall produce the children   before the Additional Registrar in this Court    on every Saturday  to enable the petitioner to meet her children between 9.00 a.m to 12.00 noon.  She is not allowed to take children out of court premises.  This order shall not influence the Guardian and Ward proceedings.

            The petition stands disposed of in the above terms.

JUDGE