Law: Guardians and Wards Act, 1890

Section: 7

Law: Constitution of Pakistan, 1973

Section: 199

Guardians and Wards Act (VIII of 1890)--- ----S. 7---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Guardianship certificate, allowing the minor to travel abroad---Scope---Petitioner requested directions to the authorities to arrest the respondent as he had left the country with their minor child---Validity---Record revealed that the respondent had obtained a custody order from the Court of Family Judge, which had granted permission for the travel---Petitioner had not filed any appeal or made any application before the Guardian Judge to reconsider the matter on its merits---Therefore, the constitutional petition was found to be misconceived as the relief sought could not be granted while the guardianship order was still in favour of the respondent---Petition was dismissed. Shaukat Masih v. Mst. Farhat Parkash and others 2015 SCMR 731 distinguished. ORDER YOUSUF ALI SAYEED, J.---The Petitioner has invoked the jurisdiction of this Court under Article 199 of the Constitution seeking that the Ministry of Interior be directed to issue a Red Warrant through Interpol for the arrest of the Respondent No.3 and that the Federal Investigation Agency be directed to take him into custody upon his arrival in Pakistan. Directions have also been elicited for blocking of the Respondent No.3s CNIC and Passport. 2. The apparent backdrop to the matter is that the Petitioner and Respondent No.3 had contracted marriage on 11.09.2016, which remained in subsistence until its dissolution on 18.12.2018, with one child having been born to them during that period, with the grievance of the Petitioner being that the Respondent No.3 had since settled abroad in the Kingdom of Saudi Arabia along with the minor. However, as it transpires, a custody Order had been obtained by the Respondent No.3 on 09.12.2019 from the Court of Family Judge, Karachi, East vide G W Application No. 1186/2019 made under Guardian and Wards Act, 1890, which itself confers permission for such travel. 3. Learned counsel for the Petitioner submitted that the aforesaid Order had been obtained through misrepresentation and that custody of the minor ought to properly vest with the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492