ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P. No.S-1203/2015

Date                            Order with signature of Judges

1.         For Katcha Peshi

2.         For hearing of CMA No.4937/15

12.08.2015:             

Mr. Muhammad Akbar, advocate for the petitioner.

Ms. RakhshandaWaheed, Counsel for the State.

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            Pursuant to Court notices, Munib Ahmed Khan and Ammar Ahmed Khan, respondents No.2 & 3 have shown appearance and have denied the allegations as contained in the instant petition and submit that pursuant to compromise order passed by the learned Guardian & Ward Court, whereby, the petitioner i.e. Baby Ramma Khan, who is their real sister and was residing happily with them and respondent No.1 since her childhood, whereas, the allegations as referred to hereinabove are false and frivolous. It has been further contended that Mst. Lubna Hussain, who contracted second marriage with one Mazhar Hussain, has already filed a Guardian & Ward Case No.1082/2014 before the learned IInd Civil & Family Judge at Karachi (Central) by impleading respondent No.1 as a party, whereas, Baby Ramma Khan was taken from their house by Mst.Lubna Hussain without their consent.  When inquired from Baby Ramma Khan, she has stated that she is studying in Class-VI she wants to reside with her real mother i.e. Lubna Hussain present in Court, as according to her, her stepmother namely Nehar Jahangir does not properly treating her. Since the matter regarding custody of Baby Ramma Khan is already pending before the competent Court of jurisdiction, therefore, it will be appropriate for the parties to seek the custody of the minor from the concerned Court. However, since Baby Ramma Khan has shown her willingness to go along with real mother with whom her elder sister, namely, Rija Khan, is already residing, and has expressed her unwillingness to go with the respondents, therefore, as an interim arrangement she is permitted to go with her real month. However, petitioner Baby Ramma Khan shall be produced before the G & W Court on the next date, who shall decide the fate of the case, and also to decide the interim and permanent custody of minor baby in accordance with law keeping in view the welfare of the minor. The respondents who are real brothers of petitioner Baby Ramma Khan are at liberty to join the above proceedings before the G & W Court in the above case, and may also seek the custody of the minor if permissible in law.  Parties shall not cause harassment to each other, whereas, legal remedy shall be availed always to secure the end of justice.

            Petition stands disposed of in the above terms along with listed application.

                                                J U D G E