Law: Succession Act, 1925

Section: 375

Law: Family Courts Act, 1964

Section: 5

Law: Constitution of Pakistan, 1973

Section: 199

(a) Succession Act (XXXIX of 1925)---.--- ---.----S. 375---.---Succession certificate---.---Surety bond---.---Petitioner was widow of government official who lost his life while he was on duty---.---Award, pay and allowances given by government on the death of petitioner's husband were distributed among legal heirs in view of succession certificate issued by Court---.---Respondent was brother of deceased husband of petitioner and succession certificate was issued in his favour who submitted surety bond before the Court---.---Grievance of petitioner was that her brother in law had kept minor children with him and had also not distributed shares of petitioner and her minor children---.---Validity---.---Respondent was granted succession certificate being attorney of petitioner and other legal heirs and he was required to be dealt with under S.375 of Succession Act, 1925---.---High Court directed the Court which issued succession certificate to proceed with the matter and to get the amount of shares of minors recovered from respondent and the matter was remanded for the purpose---.---Constitutional petition was disposed of accordingly. (b) Family Courts Act (XXXV of 1964)---.--- ---.----S. 5, Sched.---.---Constitution of Pakistan, Art. 199---.---Constitutional petition---.---Maintainability---.---Alternate remedy---.---Custody of minors---.---Petitioner was mother of minors and sought custody of her minor children who were living with her brother-in-law---.---Validity---.---For custody of minors and alternate remedy was available before Courts established under Family Courts Act, 1964, and petitioner had every right to avail the same---.---Constitutional petition was disposed of accordingly. THIS ORDER PASSED BY: MRS. SYEDA TAHIRA SAFDAR, JUSTICE:---.--- The petitioner Bibi Humera wife of Muhammad Ismail approached this court for the reliefs: "A. to declare that the respondent No. 1 illegally and unlawfully removed the above named minors sons and daughters of the petitioner and kept them in an illegal and unlawful confinement. B. To declare that the private respondent No. 1 has no authority or entitlement to keep the custody of minors sons and daughters of…

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