Mst. AQSA ZEESHAN vs GOVERNMENT OF SINDH S — 2022 YLR 665 KARACHI-HIGH-COURT-SINDH

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Mst. AQSA ZEESHAN VS GOVERNMENT OF SINDH S. 25---Custody of minors---Divorce between parties---Petitioner (mother) agitated that the minors were forcibly taken away by the respondent (father) and was threatening the petitioner---Respondent filed counter affidavit wherein he denied the said allegations contending that at the time of divorce petitioner consented to handover the custody of the first minor/child whereas she was pregnant and consented the custody of second minor/child after giving birth---Petitioner, instead of approaching the Curt of competent jurisdiction, directly approached High Court under constitutional jurisdiction---Validity--- Petitioner had neither produced any document to show the date of divorce nor denied the divorce document produced by respondent---Said divorce document/stamp paper was annexed with counter affidavit by the respondent---Petitioner neither denied such document nor rebutted the same, hence the same was considered to be true---Petitioner claimed custody after an unjustifiable delay of one year---Minor aged 8 months---Mother could not keep quiet when her new born was forcibly taken---Respondent presented Iqrarnama showing that petitioner herself consented to handover custody of minor---Such Iqrarnama had not been denied/rebutted, hence considered to be true---Names of minors had been incorrectly mentioned in petition which showed petitioner's lack of interest in minors---Petitioner alleged in the petition to have filed application before police but record showed the same was filed after more than 04 months of filing petition which seemed to be afterthought--- Present Constitutional petition was not maintainable---Petitioner had two remedies: firstly, to approach the concerned police station against alleged threats or avail consequential remedy under S. 22A of Criminal Procedure Code, 1898; secondly, to claim custody of minors under Guardians and Wards Act, 1890---Constitutional petition was dismissed accordingly.

Mst. AQSA ZEESHAN vs GOVERNMENT OF SINDH S — 2022 YLR 665 KARACHI-HIGH-COURT-SINDH

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