2016 PLP 69 (CLCN)

AQEEL AHMED ABBASI, J.

Pursuant to Court notices, Munib Ahmed Khan and Ammar Ahmed Khan, respondents Nos.2 and 3 have shown appearance and have denied the allegations as contained in the instant petition and submit that pursuant to a compromise order passed by the learned Guardian and Wards Court, the petitioner i.e. Baby Ramma Khan, who is their real sister, has been residing happily with them and respondent No.1 since her childhood, whereas, the allegations of harassment by them as referred to hereinabove are totally false and frivolous. It has been further contended that Mst. Lubna Hussain, who contracted second marriage with one Mazhar Hussain, has reportedly filed a Guardian and Ward Case No.1082/2014 before the learned IInd Civil and Family Judge at Karachi (Central) by impleading only respondent No.1 as a party, whereas, they have not been impleaded as party with mala fide intention. It has been further stated that Baby Ramma Khan was taken from their house by Mst. Lubna Hussain without their consent and thereafter, instant frivolous petition has been filed to obtain order of the custody of their minor sister, who is living with them since her birth for the last about 11 years. When inquired from Baby Ramma Khan regarding above facts as stated by respondents Nos.2 and 3, she did not deny such facts, however, submitted that she is studying in Class-VI and wants to go with her real mother i.e. Lubna Hussain present in Court, as according to her, her stepmother, namely, Nehar Jahangir does not treat her properly. Since the matter regarding custody of Baby Ramma Khan is already pending before the competent Court of jurisdiction, therefore, it will be appropriate for the parties to seek the custody of the minor from the concerned Guardian and Ward Court in the above proceedings. However, since Baby Ramma Khan has shown her willingness to go along with her real mother, therefore, as an interim arrangement, she is permitted to go with her real mother. However, petitioner Baby Ramma Khan shall be produced before the G & W Court on the next date of hearing, who shall regulate the interim and permanent custody of minor baby in accordance with law, through speaking order, however, keeping in view the welfare of the minor as prime consideration. It is clarified that through instant order, this Court has merely allowed the petitioner Baby Ramma Khan to join her mother only till the next date fixed by the learned Guardian and Ward Court in the above G & W case, and shall have no bearing, whatsoever, on the merits of such case, and the said order shall cease to have effect on such date, whereafter, either the earlier order of G & W Court would stand revived or her custody may be regulated through some subsequent order, if passed, by the Guardian and Wards Court in above case on such date. The respondents, who are real brothers of petitioner Baby Ramma Khan are at liberty to join the above proceedings before the G & W Court in the above case, and may defend the custody of their minor sister in accordance with law. Parties shall ensure that no harassmanet may be caused to each other, whereas, legal remedy shall be availed to secure the end of justice. Petition stands disposed of in the above terms along with listed application. ZC/B-17/Sindh Order accordingly.