ORDER SHEET
IN THE HIGH COURT OF SINDH,
BENCH AT SUKKUR
Cr. Misc. Application No.S-
1024 of 2018
Date Order with Signature of
Hon’ble Judge
For hearing of main case.
20-05-2019
Mr. Manzoor Hussain Ansari, advocate
for applicant.
Mr. Manzoor Hussain Halepto,
advocate for respondent No.8.
Mr. Syed Sardar Ali Shah
Rizvi, Deputy P.G
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Irshad Ali Shah, J; The applicant by way of instant Criminal
Miscellaneous Application under Section 491 Cr.PC, has sought for production of
his daughter baby Rani aged about eight years and son Asif Ali aged about seven
years to be set free as they according to him have been confined illegally by
their mother Mst. Koonj.
Mst. Koonj
has appeared before this court along with the detenues and it is stated by her
that she is mother of the above said detenues, they are in her lawful custody,
she and the applicant have already approached the guardian court having
jurisdiction for regulating the custody of above said detenues, the applicant
now have been directed to pay maintenance for the above said detenues which he
has failed to pay and then has come before this Court only to defeat the
payment of maintenance. By contending so, she sought for dismissal of instant
application.
Learned
counsel for the applicant when was confronted with the above position, stated
that he has come before this court only to seek implementation of order of
learned guardian court.
I have
considered the arguments and perused the record.
Admittedly
the applicant and Mst. Koonj had been in wedlock and they have been blessed
with daughter Rani and son Asif Ali, who now are said to be detenues, both of
them have already approached the guardian court having jurisdiction. In that
situation, the applicant could not be permitted to exhaust the remedy before
this Court u/s 491 Cr.PC under the pretext that the said detenues are under
illegal confinement of their mother, such remedy has obviously been exhausted
by the applicant to defeat the order of maintenance which is passed against him
by Guaridan/family Court. It is settled by now that orders if attains finality
are to be implemented by the Courts which has passed the same. In these
circumstances, the instant application being misconceived is dismissed
accordingly.
Judge
Nasim/P.A