2011 PLP 143 (CLC)

SYED ZAKIR HUSSAIN, J.

Both the learned counsel have agreed to the disposal of this petition amicably in the following terms, in order to get the controversy resolved through this consent order, which may become a source of further litigation in future:-- (1) The custody of the minors/children will remain with their mother, the respondent No.1, and the petitioner/father will have the right to pick them from the residence of the respondent No.1 at 11-00 a.m. on every Saturday and take them to his house, enjoy their company and drop them back at the residence of respondent No. 1 at 4-00 p.m., solely at his own A expense, strictly observing the time given by this Court for such purpose. (2) The petitioner/father will continue on enjoying the said company of the minors/children, subject to their wish, desire and willingness for such company and in case, they feel otherwise and/or became sick or engaged in the matter of any ceremonial gathering of the family of their mother, the father/petitioner will not insist on the compliance of this order for such occasion only, and the order will again be open to be carried out by the parties in all respects, but again subject to the wish and desire of the minors/children. (3) In case, the minors/children do not feel any pleasure and do not want to remain with the father/petitioner any further during the period of said visiting hours and/or those of their company, the father/petitioner would give preference and pay heed thereto irrespective of the time schedule, and will immediately drop the minors/children to the place of their mother. In case of sickness of the children, during such visit and company etc., the same method will be put to practice as being only option. (4) The order of company and visit between the father and the minors/children, as observed above, will be revisable and the time thereof, will be open to be extended, yet the matter to such effect, will be subject to wish and desire of the minors/ children, and that the court, when such move is made to it, would interview the minors/children to its satisfaction and will take the decision according to their wish and desire and not otherwise. (5) The father/petitioner will furnish a surety of Rs.100,000 for each child, which will be open to be forfeited in favour of the other party, as a matter of penalty of the default in compliance of this order, for the reasons other than the reasons beyond his control, and such matter will be open to the court to be decided independently and such order will not be open to challenge anywhere and will be final in all respects. (6) The G.W. Suit No.1668 of 2009 and G.W Appeal No.77 of 2010, respectively, pending in the court of IInd Senior Civil Judge/Guardian and Ward Judge, Karachi (Central) and Ist Additional Sessions Judge, Karachi (Central) will stand disposed of in terms of this order and will no more remain pending. (7) So far as the Family Suit for maintenance of the children, pending before the Second Family Judge, Karachi (Central) between the same parties, is concerned, the learned counsel for the respondent No.1 states that he is not the advocate therein and does carry no instructions therefor, and therefore he is unable to consent disposal of the same, by way of this order, although principally, he is of the view that the same shall also be disposed of in the like manner, so as to have a cordial atmosphere among parties in future events of life, particularly when they would no more be at any material dispute, after this order shall have stood passed. He, however, ensures that he would persuade the respondent No.1 to compromise the matter referred to above, since an amount of Rs.25,000 is regularly being paid by the father/petitioner to the mother/respondent No.1 against maintenance of the minors/children, which will continue without any interruption. Besides, the father will take care of additional expenses and will bear the same as well as and when, the mother or the children will let him know about any matter requiring such arrangement or needing financial assistance, in the interest of the welfare of the minors/children, and the matter in that regard, will amicably be settled and both, father and mother, irrespective of their strained relations and unsuccessful marital life experienced on their part, will not allow the same to reflect any adverse affect on the personality of the minors/children. This order will bear an immediate effect, after the said surety amount has been furnished with the Nazir of this Court. Since the order contains a punitive measure, it is made clear that in case, where penalty is imposed and the surety is forfeited, fresh surety will make the order to be operative. H.B.T./A-98/K Order accordingly.