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