ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

                 C.P.No. S- 239 of 2021.

         

Date

               Order with signature of Judge

      

                  

 

 

Petitioners:                             Mst.Salma Rani and another

                                                Through

Mr.Sajjad Muhammad Zangejo, Advocate.

 

 

 

Respondents:                          Saleem in person.

 

                                                Mr.Ghulam Abbas Kubar

                                                Assistant A.G.

 

                            

Dated of Hearing 07th April, 2023.                                         

 

 

 

 

   JUDGMENT.

 

 

ZULIFQAR AHMED KHAN, J.- Despite notices having been repeatedly issued to respondent No.1 Saleem by all modes except publication as well as the case having been taken-up for over a dozen of time, none has appeared on behalf of said respondent who is father of the ward.

 

2.      This petition impugns judgment and decree passed by the Civil Judge/Family Judge-I, Bhiria in G&W application as well as in appeal the judgment rendered by the IInd Additional District Judge, Naushahro Feroze, who upheld the earlier judgment of the lower Court passed in G&W application. Seemingly, the ward was born on 2010 thereafter the marriage was dissolved by way of TALAK in the year 2011 and one of the condition of the TALAK is admitted by the respondent’s father in his deposition available at Page-85 of the instant file was that he would hand over the custody of the minor to the mother. The fact is that when father remarried in the year, 2011 and mother has remarried in the year 2015 only. Further fact is that the custody of the minor has always remained with the mother.

 

3.      Per learned counsel when the minor was 07 years old, the instant G&W application was filed by the father alleging that the minor is not being well educated and the learned Family Judge while granting the instant application handed over the custody of the minor to the father considering that it was probably in the best interest of the minor as the Family Judge was of the view that father has better opportunities of earning as compared to the mother.

 

4.      The fact is also that when the marriage was dissolved by way of TALAK thereafter earlier suit filed by petitioner for maintenance which was decided and father started to pay merger maintenance Rs.2000/- per month to the mother for child.

 

5.      Learned counsel states that in the said merger amount of Rs.2000/ the mother could not maintain the child properly as the child is getting education and today the child is studying in 05th Class solely paid by the mother.

 

6.      I have gone through the impugned judgments but in my view the fact that the minor was not being well educated was on the account that a merger amount of Rs.2000/- per month was to be paid by him which he even did not pay notwithstanding that such a sum was not enough for the maintenance of the minor for getting him education, and this coming from the father who had already ended the relationship with the mother and child immediately after dissolution of the marriage. If he was interested in the betterment of the child or getting him good education, he had ample opportunities to do so by increasing the maintenance amount and to pay the fee for better School over and above the basic maintenance. Further by relying upon the judgment of Honourable Supreme Court Ayesha A. Malik, J (in the case of Raja Muhammad Owais v Mst.Nazir Jabeen and others)  dated 05.10.2023 which reaffirmed the  earlier position of paramount consideration while granting custody of the minor was the welfare of the minor, to me it is not a case of School education but also physical and emotional needs, which better come from the mother rather than the father. I have had an opportunity to examine the child who has not shown any interest or inclination to go with his father as upto this age, he has been living with his mother. In both judgments, the Courts have attempted to give advantage to the father that he is capable of maintaining the minor in a better way as he has more opportunity to make money in contrast to the mother, which reason appears to me as shallow since it is the responsibility of the State to provide equal opportunities of generating income to women also, and the fact that State having failed to do so, cannot be held adversarial to the interest of the mothers.

 

7.      In these circumstances of the case, this petition is allowed and both the judgments of the Courts below, are set aside.

 

 

                                                                                   JUDGE

         

 

                                                    

 

Akber.

 

 

 

 

 

 

To,

The Registrar

High Court of Sindh

Karachi.

 

 

SUBJECT:  APPLICATION FOR APPOINTMENT OF MY SON KEHAR ALI SHAIKH.

 

Respected Sir,

                   With due high respect, I beg to submit few lines of my humble request for your sympathetic kind consideration as under:-

                   That I was appointed as Chowkidar in High Court of Sindh Bench at Sukkur in the year 1991 and after completing the age of 60 years, I have been retired from service on 09th January, 2023.

                   That  I was drawing salary of Rs.93,000/ per months and after retirement I am drawing Rs.38,000/- monthly pension and in these days of hardships and dearness, it is difficult for me to lookafter my family as my aforesaid son is jobless.

                   I, therefore request that your honor would graciously be pleased to take pity upon me and appoint my son on Son Quota Basis so that I may be able to lookafter my family in these days of dearness.

                   Thanks.

                                                          Yours  Obediently Servant

 

 

 

Dated: -08.04.2023.                               (BAHRAM SHAIKH)

                                                                   Ex-Chowkidar

                                                          HIGH COURT OF SINDH

     BENCH AT SUKKUR.

To,

The Registrar

High Court of Sindh

Karachi.

 

SUBJECT:  APPLICATION FOR THE POST OF PEON/CHOWKIDAR.

 

Respected Sir,

                   With due high respect, I beg to submit that some posts as mentioned above are lying vacant under your kind control, I therefore beg to offer my sincere services for the above post as under:-

                   MY PARTICULARS ARE AS UNDER:-

1.Name:                Kehar Ali

2.F/name:            Bahram Shaikh.

3.Education:         Intermediate.

4.Domicile:           Sukkur.

5.Address:            C/o

                             Bahram Shaikh

                             High Court Bar Association Sukkur.

 

          Sir, if your honor appoint me for the above post, I am fully confident that I will perform my duties with honest, assiduity and to the entire satisfaction of my superiors.

          Thanks.

                                                          Yours  Obediently Servant

 

 

 

Dated: -08.04.2023.                               (KEHAR ALI SHAIKH)