Mst. SANA vs SHOAIB ISMAIL art — 2025 CLC 544 KARACHI-HIGH-COURT-SINDH

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Mst. SANA VS SHOAIB ISMAIL art. 199---Guardians and Wards act (VIII of 1890), Ss. 12 & 25---appointment of guardianship of minor---Conditions, violation of---Effect---Interlocutory order, assailing of---Constitutional petition---Maintainability---Both the parties (parents) separately filed guardianship applications and mother's application was accepted---Later, father filed application before Family/Guardian Court against mother for blocking her CNIC, etc which was allowed---Mother (guardian) assailed such order passed by the Family/Guardian Court---Held that impugned order was interlocutory in nature which could not be entertained by the High Court in exercise of its constitutional jurisdiction---Constitutional jurisdiction is equitable and discretionary in nature and should not be exercised to defeat or bypass the purpose of a validly enacted statutory provisions until and unless the order passed thereunder suffers from any illegality or jurisdictional error---Hence, the impugned order did not suffer from any illegality, infirmity or irregularity that may require interference by the High Court in exercise of its constitutional jurisdiction---However, in order to resolve the controversy and to facilitate the petitioner and also taking into account the welfare and well-being of the minor, the petitioner may approach the Family Court for relief (of unblocking of her CNIC/Passport as well as seeking permission to travel abroad)---Constitutional petition was disposed of accordingly. Citation Name: 2025 CLC 544 KARACHI-HIGH-COURT-SINDHBookmark this Case Mst. SANA VS SHOAIB ISMAIL Ss. 12 & 25---appointment of guardianship of minor---Conditions, violation of---Effect---Both the parties (parents) separately filed guardianship applications and the mother's application was accepted---Later, father filed application against mother before Family/Guardian Court for blocking her CNIC etc., which was allowed---Mother (guardian) assailed such order passed by the Family/Guardian Court---Held, that the Family/Guardian Court while dismissing the guardian application filed by father for custody of minor, (in relevant clause (e) of final order) had specifically restrained the parties from removing the custody of minor abroad as well as his permanent shifting beyond the territorial jurisdiction of the Court subject to prior permission of the Court---However, record was suggestive of the fact that the petitioner/mother had removed the custody of the minor from the territorial jurisdiction of the Family Court and took him to UaE without permission of the Court, which was a clear violation of the terms and conditions of that final order, and taking pain of such breach of terms and conditions of the final order, the Court took coercive measures of blocking the CNIC and Passport of the petitioner/mother---Thus, impugned order was proper and in accordance with law---Hence, the impugned order did not suffer from any illegality requiring interference by the High Court in exercise of its constitutional jurisdiction---However, in order to resolve the controversy and to facilitate the petitioner and also taking into account the welfare and well-being of the minor, the petitioner may approach the Family Court for relief (of unblocking of her CNIC/Passport as well as seeking permission to travel abroad)---Constitutional petition was disposed of accordingly.

Mst. SANA vs SHOAIB ISMAIL art — 2025 CLC 544 KARACHI-HIGH-COURT-SINDH

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