' HAFIZ ABDUL REHMAN ANSARI, J.--The petitioner Kamran Hanif son of Muhammad Hanif through this constitutional petition seeks setting aside of order dated 23-1-2010 passed by learned District and Sessions Judge, Sahiwal and further seeks the custody of minor Zarak Kamran aged 8 years.
24- Brief facts of the instant writ petition are that Mst. Rukhsana Begum got married with petitioner Kamran Hanif, out of this wedlock minor Zarak Kamran was born who is presently student of Class 3 in Educators School. The grandmother of minor filed petition under section 25 of Guardians and Wards Act of 1890 on 24-2-2007 before learned Guardian Judge, Sahiwal who vide order dated 24- 2-2009 restrained the petitioner from snatching the minor Zarak Kamran from the grand mother of the minor Mst. Balqees Bano wife of Muhammad Idrees as the mother of the minor Mst. Rukhsana Begum had already expired.
2. Learned counsel for the petitioner contends that he is a real father of the minor; the minor should be handed over to him. On the other hand learned counsel for the respondent contended that the petitioner has concealed the material facts from this Court, the petitioner does not deserve any discretionary relief from this Court. Leamed counsel submits that the learned District and Sessions Judge, Sahiwal dismissed the petition filed by the petitioner under section 491, Cr.P.C, on 23-1-2010.
Learned counsel further submitted that the petitioner has contracted numerous marriages with Mst. Sadia, with Mst. Hina Manzoor, with Mst. Rashida Tufail.
3. I have heard the leamed counsel for the petitioner at length.
4. The petitioner filed an application under section 491, Cr.P.C, before the learned District and Sessions Judge, Sahiwal which was dismissed on 23-1-2010 on the ground that the petitioner concealed facts from the Court of learned District and Sessions Judge order dated 24-2-2009 passed by learned Guardian Judge, Sahiwal in favour of Mst. Balqees Bano against the petitioner Kamran Hanif. Mst. Balqees Bano grandmother of minor Zarak Kamran had filed application under section 25 of the Guardians and Wards Act for the guardianship of minor Zarak Kamran. The learned Guardian Judge, Sahiwal had ordered that the custody of minor will remain with his maternal grandmother as an interim arrangement as the petitioner Kamran Hanif did not disclose this fact before the learned Sessions Judge, Sahiwal so petition under section 491, Cr.P.C, filed by Kamran Hanif present petitioner was dismissed vide order dated 23-1-2010.
The petitioner has repeated the same blunder in this Court. He has not disclosed the order dated 24-2-2009 passed by learned Guardian Judge in favour of respondent No,l Mst. Balqees Begum, Grand mother of the minor with regard to interim arrangement of guardianship. The petitioner has assailed order dated 23-1-2010 passed on application of the petitioner under section 491, Cr.P.C, unless and until the petitioner succeeds in setting aside order of learned Guardian Judge passed against him on 24-2-2009 he cannot seek the relief from this Court for the custody of the minor.
Further the concealment of fact disentitles the petitioner from discretionary relief in writ jurisdiction under Article 199 of the Constitution of Islamic Republic of Pakistan. Relief under Article 199 of the Constitution is discretionary relief; one who does not approach the Court with clean hands does not deserve any relief under Article 199 of the Constitution of Islamic Republic of Pakistan.
5. In the light of the above discussion this writ petition is merit less and is dismissed in limine.