| Citation(s) |
|---|
| 2025 SLG 4490 2025 SLD 4490 = 2025 SHC 1986 |
C.P No.S-635 of 2025
Nisar Ahmed Bhanbhro, J.
Petitioner: Laxmee daughter of Harjee (Maria wife of Waqar Younis) Through Mr. Jawed Ahmed Baloch, Advocate
Respondents: Nemo for
Respondents Date of Hearing 31.07.2025 Date of Order 31.07.2025
Laxmee alias Maria
VERSUS
SSP Complaint Cell Karachi South and others
Law: Code of Criminal Procedure (CrPC), 1898
Section: 491
Law: Guardian and Wards Act (VIII of 1890)
Section: 17
Law: Constitution of Pakistan, 1973
Section: 199
Law: United Nations Convention on the Rights of the Child
Section: 3, 7, 9, 12
Summary of the Case
The petitioner, a woman who converted from Hinduism to Islam and remarried a Muslim man, filed a petition under Section 491 CrPC seeking custody of her two minor children from her former Hindu husband.
The Sessions Court had earlier dismissed her habeas corpus application after recording the children’s statements, in which they expressed their preference to stay with their father. The petitioner’s absence during that hearing was noted.
The High Court examined whether the custody with the father was illegal or whether the mother’s conversion and remarriage entitled her to automatic custody. The Court ruled: