Law: Guardians and Wards Act, 1890

Section: 25

Law: Family Courts Act, 1964

Section: 5

Law: Constitution of Pakistan, 1973

Section: 199

Guardians and Wards Act (VIII of 1890)--- ----S.25---Family Courts Act (XXXV of 1964), S.5---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Alternate remedy---Minor son, custody of---Petitioner was father of minor son and there was dispute with respondent / mother of minor regarding his custody, issuance of passport and his removal from Pakistan---Validity---Presence of remedy available under law i.e. Family Courts Act, 1964, and Guardians and Wards Act, 1890, did not mandate High Court to exercise its jurisdiction under Art. 199 of the Constitution---Family Court was fully empowered to issue direction if required to concerned authority for placing name of minor on Exit Control List---Custody of minor was to be regulated by Family Court in pending Guardians and Wards suit---Petitioner could file application to regulate the custody of minor before Family Court---Constitutional petition was disposed of accordingly. PLD 2007 SC 642 ref. JUDGMENT AMJAD ALI SAHITO, J.----Through instant Constitution Petition, petitioner has sought for the following relief(s):- i. Declare that the amendments in NADRA record of the above named minor including change of his name upon misrepresentation by the mother and influence of maternal grandfather and without consent / permission / knowledge of Petitioner/Natural Guardian/Father as illegal and void ab initio. ii. Declare that issuing of Passport of the minor under false and fake name is illegal and void ab initio. iii. Cancel the Passport No.LF6807661 (Annexure P-6) issued under fake name to the Minor. iv. Direct the official Respondents as well as all record holding authorities to correct its record of minor as Taimur Hasan Hashmi. v. Direct Respondents Nos. 4, 5, 6, 7 and 8 to ensure minor is not removed from the jurisdiction of Pakistan under any circumstances, without written consent of the Petitioner/father/natural guardian. vi. Direct the Respondent No.7 to register criminal case against the Respondents Nos.9 and 10 as well as officials of the NADRA and Passport Office from Sanghar and prosecute them in accordance with Law. vii. Permanently restrain respondents Nos. 4, 5, 6 and 7 from…

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