| Case ID |
156df106-7c4b-45e2-b5bd-19c2c0cce048 |
| Body |
View case body. Login to View |
| Case Number |
Habeas Corpus Petition No. S-1022 of 2012 |
| Decision Date |
Oct 22, 2012 |
| Hearing Date |
Oct 19, 2012 |
| Decision |
The petition filed by Mst. Seema for the recovery of her children from the custody of Aftab Ahmed was dismissed. The court found that the children had been with their father for four to five months prior to the filing of the petition, and there was no explanation for the delay in bringing the matter before the court. The mother did not take appropriate actions to report the alleged unlawful removal of the children. The court emphasized that custody issues should be resolved under the Guardians and Wards Act, and the current petition did not provide sufficient grounds for an immediate change in custody. However, as a temporary measure, the court ordered that the father should allow the mother to spend time with the children every weekend from Friday evening to Sunday evening. |
| Summary |
This case involves a habeas corpus petition filed by Mst. Seema against her ex-husband Aftab Ahmed for the custody of their four minor children. The court examined the allegations of illegal custody and found that the children had been living with their father for several months before the petition was filed. The petitioner claimed that her ex-husband had forcibly taken the children from her home. However, the court noted that the mother had failed to report the alleged forcible removal to the authorities in a timely manner. The judge indicated that the issue of custody should be dealt with under the Guardians and Wards Act, which provides a legal framework for determining the guardianship of minors. The court dismissed the petition but provided interim arrangements for visitation, allowing the mother to spend weekends with her children. This case highlights important aspects of custody law, the responsibilities of parents in custody disputes, and the legal recourse available through habeas corpus petitions and the Guardians and Wards Act. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SADIQ HUSSAIN BHATTI, J
|
| Lawyers |
Sharf-ud-Din Jamali,
Mazharul Islam,
Sharaf Din Mangi
|
| Petitioners |
Mst. SEEMA
|
| Respondents |
others,
AFTAB AHMED
|
| Citations |
2013 SLD 2421,
2013 YLR 583
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Guardians and Wards Act (VII of 1890)
|
| Sections |
491,
7,
12,
25
|