IN THE HIGH COURT OF SINDH
C.P No. S- 41/2024 : Mst. Qamar-u-Nissa vs. Mst. Bushra & others.
For the Petitioner : Mr. Asad Ali Abro, Advocate.
For the Respondent/s : Nemo for respondent No.1.
Mr. Munawar Ali Abbasi, Assistant A.G.
Date of hearing : 28.03.2024.
Date of order : 28.03.2024.
ORDER
Muhammad Saleem Jessar, J-. Through this petition, the petitioner has sought for directions to official respondents for recovery and production of Saim Ali aged about 6/7 years, the adopted son of the petitioner.
The case of petitioner is that, Saim Ali is her adopted son, who was handed over to her by her late brother Suhail Ahmed in his life time and she grown-up Saim Ali, who is at present aged about 7 years. However, after death of her brother, his widow i.e. respondent No.1 Mst. Bushra snatched custody of Saim Ali and she has kept Saim Ali with her. Therefore, her petitioner has maintained instant petition for issuance of “Rule-Nisi” for production of Saim Ali and handing over his custody to her.
It appears that, Saim Ali is adopted son of the petitioner and presently he is with the respondent No.1 Mst. Bushra, who happens to be his real mother. Therefore, no case of issuance of rule-nisi is made out, as the custody of minor with her real mother cannot be termed as illegal. Accordingly, the petition in hands being misconceived stands dismissed leaving the petitioner at liberty to avail remedy from the relevant forum provided under the law.
Judge
Ansari