Law:

Section:

Keywords: Consideration, High Court, Divorce, Custody, Adequate, Prima Facie, Kidnapping, Custody Of Minor, Care, Minor Child, Bona Fide, Order, Provisions, Quashment, Minors, Liability, Legality, Magistrate, Guilty, Petitioner, Proceedings, Relief, Remedy, Grounds, Miscellaneous Application, Constitution, Protection, Good Faith, Trial Court, Unlawful, Lawful Guardianship, Exception Result: Order accordingly JUDGMENT The facts in Criminal Miscellaneous Application No. 850 of 1976. Are that petitioner Mohammad Yasin was married to Mst. Shahida Khatoon, the daughter of respondent Bashir Ahmed Siddiqui. It seems the spouses were unable to continue harmonious married life so that Mst. Shahid& Khatoon was divorced by Mohammad Yasin. The spouses had three minor daughters namely Nasim Akhtar, Shamim Akhtar and Asia Khatoon, the eldest of whom was aged six years at the the of divorce. It is then alleged that petitioner Mohammad Yasin together with Bashir Ahmed Siddiqui and Mst. Noor Jehan, respectively his father and mother kidnapped the minor daughters from Sukkur and took them to Sargodha. A complaint under section 463, P.P.C. Was filed by Bashir Ahmed Siddiqui, the father of Mst. Shahida Khatoon against the three petitioners in the Court of City Magistrate, Sukkur, who issued process. The petitioners have moved this Court for quashment of the proceedings on the ground Mat since the minors had been allegedly removed from the custody of their mother by their father an offence under section 363. P.P.C. Is not committed. 2. Criminal Miscellaneous Application No. 434 of 1978 has been filed by Mohammad Yaqoob Khan Afridi seeking quashment of proceed ings on similar grounds in a similar case under section 363, P.P.C. The brief facts are that the petitioner was married to Mst. Asghari, the respondent and out of the wedlock a minor girl Rehana, now aged 1 years, was born. On an application under the Guardians and Wards Act the Family Court No. 11, Karachi, granted the custody of the minor daughter to respondent Ust. Asghari Bano. During the pendency of the case Mst. Asghari Bano had been directed to produce the minor in Court on the first Monday of each month so that…

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