Law:

Section:

Criminal Procedure Code (V of 1898)--S. 491---Constitution of Pakistan (1973), Art.185(3)---Custody of minor---Children were of tender age and the custody was handed over to mother of the minors---High Court in its directed the parents of the minors to initiate appropriate proceedings before the concerned: Guardian Judge who was cautioned not to be influenced by any observation made therein by the High Court---Both the children being of tender age, lap of mother for their nurture could not be disturbed---Order passed by High Court could not be interfered with---Leave to appeal.was refused. A.A. Siddiqui, Advocate-on-Record for Petitioner. Respondent No. 1 in person. Ainuddin Khan, Additional Advocate-General, Sindh for Respondent No.2. Date of hearing: 20th July, 1999. JUDGMENT CH. MUHAMMAD ARIF, J.---In this petition under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973, leave is claimed by the petitioner against order, dated 11-5-1999 passed by a learned Judge in Chambers of the High Court of Sindh whereby the application of respondent-Mst. Huma Naz under section 491, Cr.P.C., seeking custody of minors Aruba (daughter) and Muhammad Saif (son) (of the private parties herein) i.e. twins born on 24-3-1997, was resolved as below:-- "Thus without making any comment on the allegations and counter­ legations, and/or the respective entitlement of the parties to have custody of the two minors at this stage I deem it appropriate to order that it would be in the welfare of the minors that their custody may be handed over to the applicant till suitable order according to law is passed by the learned Guardian Judge in any proceedings under the Guardians and Wards Act or it is modified by this Court. The learned Guardian Judge would be entitled to pass any order according to law, without being influenced by .the observation made in this order. Furthermore, since the respondent No.1 being the father is legally bound to maintain the minor and is also entitled to meet them therefore, in case any suit is filed before the Family Court these issues may also be decided according to law. However, it is ordered that the applicant will allow the…

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