Law:

Section:

Guardians and Wards Act (VIII of 1890)--- ----Ss 12 & 25---Father having custody of minors---Application for right of visitation for minors by mother---Family Court allowed application of mother---Father contended that family Court had wrongly allowed application of mother for visitation rights for minors as she had not filed proper suit for guardianship as minors were already in his custody---Validity---Admittedly, the applicant was real mother and natural guardian of minors, therefore, she had every right to meet her children which was enforced by the Family Court---Father had failed to point out any irregularity in the impugned order as proposed arrangement made by the Family Court was just, fair and equitable and was not only in the interest of minors but also reasonably protected the rights of both the parties---No illegality or infirmity having been noticed in the impugned order, constitutional petition was dismissed accordingly. THIS ORDER PASSED BY: ADNAN-UL-KARIM MEMON, JUSTICE:---.--- In the captioned Petition, the Petitioner has impugned Order dated 6.4.2017 passed by the learned Family Judge, Malir, Karachi, whereby the Interlocutory Application of Respondent No. 1, under Section 12 of Guardians and Wards Act, 1890 was allowed. 2. Brief facts of the case are that Respondent No. 1 filed Habeas Corpus Petition No. 44 of 2016, under section 491, Cr.P.C. before the learned Additional Sessions Judge-V, Malir, for recovery of minor children namely Muhammad Ahmed aged about 11 years and Muhammad Huzaifa aged about 7 years, both the sons of Petitioner. The learned Additional Sessions Judge vide order dated 26.4.2016 disposed of the Petition by allowing both the minors to go with the Petitioner, being their real father with further direction to the parties to approach the Family Court for custody of wards. Petitioner claims to have filed Guardian and Ward Application No. 133 of 2016 before Family Judge Malir, under Section 25 of Guardians and Wards Act, for the custody of Minor Umama Maryam daughter of Petitioner only. 3. On 14.2.2017 Mst. Nousheen Fatima/Respondent No. 1 moved an application for visitation rights with the minors namely Muhammad Ahmed,…

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