ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
Constt: Petition No.S-136/2023
(Mst. Hina Abbasi v/s Abdul Razzaque Abbassi and others)
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DATE ORDER WITH SIGNATURE OF HON’BLE JUDGE______________
1. For orders on office objection “A”
2. For hearing of main case.
Petitioner: Mst. Hina Abbasi
Through Mr. Naseer Ahmed Wagan,
Advocate.
Respondent No.1: None present
Respondent No.2 & 3: Through Mr. Abdu Waris Bhutto, Assistant Advocate General, Sindh.
Date of hearing: 12-05-2025
Date of Decision: 12-05-2025
O R D E R
Nisar Ahmed Bhanbhro J.- Through the instant petition, the petitioner has challenged the order dated 28-04-2023 passed by the court of learned VI-Additional District Judge Larkana, in the Guardianship appeal No.03/2023, whereby the appeal of the petitioner was dismissed and the order passed by the learned Family Judge in Guardianship application No.16/2022 was maintained.
2. On the last date of hearing the respondent had appeared before this court along with minors Muhammad Ismail, Muhammad Azan and Tooba who were inquired as to whether they intended to live with their mother or father, they opined in favor of their father. All the three children are school going. The controversy between the parties is old one and since last more than 03 years they are before the courts claiming custody of minors which after examination of the witnesses and perusal of material has been resolved by the courts below in favor of respondent being the father of children.
3. Though the minors are aged below 07 years, mother has the right of Hizanat to keep their custody but the paramount consideration for awarding the custody of minors is always their welfare. The court has to see where the welfare of the minors would lie. Apparently the father is taking care of the minors, he is affording their schooling and for the purposes of upbringing them he has not contracted 2nd marriage which factor made the courts below to resolve the issue of welfare of minors in the favor of respondent. The courts below directed the respondent to present the minors before the court on alternate Saturdays in between 11:00 a.m to 01:00 p.m for meeting their mother so also temporary custody of minors was given to the petitioner during summer and winter vacations, Eid holidays and other special days but subject to the wish of minors.
4. Today mother of the minors, petitioner Mst. Hina Abbasi is present in court so also respondent Abdul Razzaque, he has not produced the custody of minors and stated that they were not feeling well. However, this excuse is not acceptable but since the parties have agreed to resolve the dispute amicably before this court by allowing the custody of minors on every Saturday evening till Sunday evening to the mother, therefore, by the consent of the parties this petition is disposed of in following terms.
(i) Abdul Razzaque the father of the minors shall bring the minors to the house of petitioner on every Saturday at 04:00 p.m.
(ii) The minors shall be kept in a secure atmosphere by the mother Mst. Hina Abbasi and shall be returned back to the father Abdul Razzaque on next day.
(iii) During the Eid holidays, the minors shall be given into the custody of mother on 1st day of Eid from 11:00 a.m in the morning until the next day of Eid till 05:00 p.m evening and on other holidays viz; winter and summer vacations the arrangement of weekly custody as mentioned above shall continue.
(iv) The 04th minor Sheeraz Ali has been produced by petitioner Mst. Hina Abbasi and the respondent submits that he may also be allowed meeting with the minor in the same terms. On every Sunday at 05:00 p.m the minor Sheeraz Ali shall be given to the father and on next Monday morning at 11:00 a.m, custody of minor shall be handed over back to the mother.
This petition stands disposed of along with pending applications.
JUDGE
Asghar/P.A