| Case ID |
03552c7e-a49f-4600-bfdd-09c8619fafee |
| Body |
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| Case Number |
Constitutional Petition No. S-745 of 2013 |
| Decision Date |
May 27, 2014 |
| Hearing Date |
May 21, 2014 |
| Decision |
The High Court dismissed the constitutional petition filed by Mst. Ghuzadi regarding the illegal custody of minors. The court found that the petitioner voluntarily left her husband and had not filed for dissolution of marriage. The custody of the children with their father was deemed legal under the circumstances, as the petitioner had not shown any exceptional or extraordinary circumstances warranting the High Court's intervention under Section 491 of the Criminal Procedure Code. The court directed that the petitioner may pursue her grievances through the Guardian Court if needed, emphasizing the father's responsibility in the upbringing of the children. |
| Summary |
In the case of Mst. Ghuzadi vs. Government of Sindh, the Sindh High Court addressed issues related to the illegal custody of minors under Section 491 of the Criminal Procedure Code and Article 199 of the Constitution of Pakistan. The petitioner, Mst. Ghuzadi, alleged that her husband had forcibly taken their children after she left him due to alleged torture. The court ruled that since the petitioner had willingly deserted her husband and had not initiated any legal proceedings for divorce, the custody of the children with the father was not illegal. The ruling emphasized the need for the petitioner to provide extraordinary circumstances to warrant the High Court's intervention, which she failed to do. The decision underscores the importance of legal processes in custody disputes and the responsibilities of parents in such cases. The ruling is significant for those interested in family law, custody rights, and the jurisdiction of high courts in Pakistan. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
NAZAR AKBAR, J
|
| Lawyers |
Suhbat Ali Lund for Petitioner,
Sabir Hussain, State Counsel
|
| Petitioners |
Mst. GHULZADI
|
| Respondents |
GOVERNMENT OF SINDH through Home Secretary and others
|
| Citations |
2014 SLD 80,
2014 PLD 386
|
| Other Citations |
PLD 2012 SC 758
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973
|
| Sections |
491,
199
|