ORDER SHEET
IN THE HIGH COURT OF SINDH CIRCUIT COURT, LARKANA.
Constt: Pett: No.S-105 of 2013.
Dated order with signature of hon’ble Judge.
For katcha Peshi.
18.03.2013.
Mr.Syed Fida Hussain Shah, advocate alongwith the petitioner.
Mr. Ghulam Mohiuddin Durani, advocate alongwith respondents No.5 and 10.
Mr. Riaz Hussain Khoso, State Counsel alongwith SIP Abdul Rasool Bughio, SHO P.S B-Sec: Shahdadkot.
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Today in compliance of the order passed by this Court, the respondent No.5 Karam Khan appeared alongwith three children. Out of three, two are school going whose school cards are produced, copy whereof is placed on record. As far as third child is concerned namely baby Sehar Kiran whose age is disputed by both the parties, the respondent No.5 has produced a “Vaccination Record” in terms whereof the date of birth of youngest daughter of petitioner is shown as 28.09.2008. I have also observed the relationship of the youngest child baby Sehar with the mother, the child showed repulsive attitude and started crying when she was handed over to the petitioner. The fact as stated by the learned counsel for the petitioner are apparently incorrect as far as age of baby Sehar is concerned who was stated to be 15 months. Apparently she is not at all of 15 months and perusal of vaccination record tentatively shows that she is around 4 ¼ years old. It is disputed by the learned counsel for the petitioner however, he is unable to produce any record to determine her age. The repulsive attitude of baby Sehar does not prove that she has been recently removed from the custody of petitioner (mother).
In view of the above, since two elder children are not of such age which could require immediate intervention of this Court for their handing over to the petitioner. The youngest baby Sehar is also maintained by the father/respondent No.5 therefore, without prejudice to the case of either party, we dispose the petition by directing the petitioner to avail proper remedy available to her under the law by moving appropriate application before Guardian and Wards Court. In case the petitioner moved such application, the interim or permanent custody of the children will be decided by the learned Guardian and Ward Court within two months and six months respectively. Till such time, the petitioner avail such remedy, the respondent No.5 shall produce the children before the Additional Registrar in this Court on every Saturday to enable the petitioner to meet her children between 9.00 a.m to 12.00 noon. She is not allowed to take children out of court premises. This order shall not influence the Guardian and Ward proceedings.
The petition stands disposed of in the above terms.
JUDGE