409/2014 Const. P. MST. RABIA NOOR (Petitioner) V/S SHAHZAD SHAH & OTHERS (Respondent)

409/2014 Const. P. MST. RABIA NOOR (Petitioner) V/S SHAHZAD SHAH & OTHERS (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar Order Date: 28-MAY-14

Constitution of Pakistan---- ---Art. 199---Constitutional petition---Maintainability---Recovery of children---Scope---Petitioner was wife of respondent and she had been divorced---Petitioner/mother had already approached Sessions Court under S. 491, Cr. P. C for the same relief---Age of children was nine and seven years and petitioner could not claim her right of Hizanat/ custody of children, who were in the custody of their father being their natural guardian---Custody of children with their father could not be treated as illegal as he was responsible for their upbringing as a natural guardian---Petitioner/mother should file petition under Guardians and Wards Act, 1890 to claim the custody or visiting rights of children---Complaint to Station House Officer against husband for having custody of children did not mean that extraordinary circumstances had arisen for invoking the constitutional jurisdiction of High Court---No case was made out for invoking jurisdiction of High Court for recovery/production of children in the court---Petitioner had equally, efficacious and alternate remedy under Guardians and Wards At, 1890 and she might file guardian petition if so advised as Guardian Judge had power of recovery of minors and regulating their interim custody---Constitutional petition was not maintainable which was dismissed in circumstances. Mst. Nadia Perveen v. Mst. Almas Noreen and others PLD 2012 SC 758 rel.