Citation Name: 2025 PCrLJ 1223 KARACHI-HIGH-COURT-SINDHBookmark this Case Mst. Sidra vs Province of Sindh, thr

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Citation Name: 2025 PCrLJ 1223 KARACHI-HIGH-COURT-SINDHBookmark this Case Mst. Sidra VS Province of Sindh, through Secretary Home Department Sindh S.491---Penal Code (XLV of 1860), S.361---Constitution of Pakistan, Art.199---Custody of minor---Minor snatched by father---Attempt to alter minor's birth record---The petitioner (mother), filed a petition seeking the return of her minor son, who was allegedly forcibly and unlawfully taken from her custody by her ex-husband, respondent No.4, and his family---The petitioner gave birth to minor son on 25.04.2023 with the birth certificate listing her as the biological mother---On 10.11.2024, respondents Nos.4 to 6 forcibly took custody of the minor son from the petitioner's home---Subsequently, respondent No.4 attempted to manipulate the birth records to falsely present respondent No.5 whom he had previously married, as the child's mother---Held: Upon careful examination of the facts and arguments of the parties, it was evident that this case involved serious violation of the petitioner's rights as a mother and legal guardian of her minor child---The crux of the issue was the unlawful and forcible removal of the child from the petitioner's lawful custody by respondent No.4 and his family, along with the attempt to alter the child's birth records to reflect respondent No. 5 as the mother, which amounted to a clear violation of both family law and criminal law provisions---The claim by respondents that minor son was born to respondent No. 5, and that the birth records were manipulated by the petitioner was without merit---The certificate from hospital the confirmed the petitioner as the mother, and no credible evidence was presented to challenge this fact---The forcible removal of minor son from the petitioner's custody on 10.11.2024, coupled with the threats and coercion allegedly used by respondent No.4, clearly amounted to a criminal act under S.361, P.P.C, which defined kidnapping and provided a legal framework for the protection of the natural guardianship of children---The actions of respondent No.4 constituted a clear violation of the petitioner's fundamental rights as a mother and guardian under both family law and criminal law---The activities of respondent No.4 and his family, particularly the snatching of the child, fell within the ambit of kidnapping and unlawful detention, justifying the intervention of the High Court under S.491, Cr.P.C, as the High Court had to ensure that justice was served in a timely and fair manner---It was clear that the respondent No.4's actions were unlawful and must be rectified---The petitioner, as the biological mother and natural guardian of minor son, had every right to seek the restoration of custody, and the High Court found that such a claim was both legally and factually justified---Hence, Constitutional petition was allowed by handing over the custody of the minor child to the petitioner.

Citation Name: 2025 PCrLJ 1223 KARACHI-HIGH-COURT-SINDHBookmark this Case Mst. Sidra vs Province of Sindh, through Secretary Home Department Sindh S — 2025 PCrLJ 1223 KARACHI-HIGH-COURT-SINDH

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