ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Constt: Petition No.S-53/2025

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DATE              ORDER WITH SIGNATURE OF HON’BLE JUDGE_________

01. For orders on office objection “A”.

02. For orders on M.A No.157/2025 (E/A).

03. For hearing of main case.

22-04-2025

                        Mr. Syed Kazim Raza Shah, advocate for the petitioner.

                        Mr. Qadir Abro holds brief for Mr. Ajmair Ali Bhutto, advocate for the respondent.           

                        Mr. Aftab Ahmed Bhutto, Assistant Advocate General, Sindh.

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           Petitioner had filed application u/s 7, 10, 25 and 12 of Guardian and Wards Act 1890 before the court of learned 5^th Judicial Magistrate and Family Judge, Larkana for custody of minor Nisar Ali and baby Arifa. Learned trial court dismissed the application on merits vide order dated 29-10-2024. Instead of filing Guardian and Wards appeal as provided u/s 47 of Guardian and Wards Act, the petitioner preferred Constitutional Petition before this court which is not maintainable as statute has provided a specific provision for filing of appeal before the court of District Judge. When confronted, learned counsel for the petitioner failed to satisfy this court on the maintainability of this petition. However, he submits that petitioner is father of the minor, therefore, he may be granted visiting rights to meet his daughter. This proposition has been opposed by the mother of the baby Arifa who is aged about 08 years, on the ground that since the separation of the parties the petitioner has not paid ay penny towards the maintenance. The counsel for the petitioner offered to pay a monthly maintenance allowance of Rs.5000/- to minor baby Arifa subject to visiting rights of her father which proposal has not been opposed by the other side. Under the circumstances this petition is disposed of being not maintainable. However, petitioner may avail remedy available under the law if any. The petitioner is granted visiting rights on fortnightly basis on alternate Friday from 09:00 a.m to 11:00 a.m. The respondent No.2 shall produce the custody of minor before the court of learned 5^th Judicial Magistrate and Family Judge Larkana on alternate Friday, where the meeting shall be held within court premises subject to payment of cost of Rs.2000/- per visit. The petition stands disposed of in above terms. The copy of this order is forwarded to learned trial court with directions to facilitate the meeting of petitioner with minor Arifa in court premises.

                        JUDGE

Asghar/P.A