ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

Criminal Miscellaneous Application No.S-156 of 2016

DATE         ORDER WITH SIGNATURE OF JUDGE

1. For order on office objection.

2. For hearing.

06-06-2016

Applicant is present along with her counsel Mr. Aijaz Ahmed Chandio advocate.

Syed Meeral Shah D.P.G. Sindh.

Syed Shahzad Ahmed Shah advocate for respondent No.2.

Baby Sawera is present with her father Waseem Abbas, the respondent No.2, in Court.

MUHAMMAD ALI MAZHAR, J: - Applicant has approached this Court for Rule Nisei so that the custody of minor baby Sawera may be handed over to her. Earlier she filed Miscellaneous Application No.22 of 2016 before the Additional Sessions Judge, Hala under section 491 Cr.P.C. for the same purpose but vide order dated 12.04.2016, her application was dismissed with the following observations:-

“I heard baby Sawera and she wants to go with her father. After hearing both the parties are directed to file Guardian & Wards Application before the competent Court. Resultantly the application in hand is disposed of with above terms, accordingly.”

Today a visitation right was allowed to the applicant at least for an hour in the Court. I also asked baby Sawera aged about seven (07) years but she refused to go with her mother and preferred to live with her father.

A question raised by this Court to the applicant’s counsel whether any suit has been filed under section 25 with an application under section 12 of the Guardian & Wards Act in the Family Court, the learned counsel for the applicant fairly admitted that no such proceedings have been initiated so far. However, after arguing at some length, the applicant wants to file suit for the custody of minor as well as interim custody and visitation rights in the concerned Family Court under the provisions of Guardian and Wards Act.

The counsel for the respondent No.2 and D.P.G. both have no objection.

This application is disposed of accordingly. However, if any suit under the provisions of Guardian & Wards Act is filed in the Family Court, it is expected that the learned Family Court will decide the suit expeditiously so that the matter of custody of minor may be decided to an early date.

JUDGE

*Abdullah Channa/PS*