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1987 SCMR 974

Mst. NAUSHABA vs Dr. NASIM And Other

Citation1987 SCMR 974
CourtSupreme Court of Pakistan
Case No.Constitutional Petition No. S-65 of 1986 Civil Petition No. 280-K of 1986
Date1986-08-13
Judge(s)Muhammad Haleem, Zaffar Hussain Mirza, S. A. Nusrat
ResultOrder accordingly

ORDER

S.A. NUSRAT, J.--The petitioner seeks leave 'to appeal from the judgment of the Sind High Court dated 19-6-1986 dismissing her Constitutional Petition in a guardianship matter.

2. The respondent moved an application under section 12 of the Guardians and Wards Act, 1890 for the custody of a male suckling child, named Nabeel Punjwani, in the Court of the Civil Judge, Karachi who ordered the respondent, father of the child, to take the custody of the minor on every Friday from petitioner's house at 10-00 a.m. And return him to the petitioner at 4-00 p. m. On petitioner's appeal the above arrangement was modified by the learned Additional District Judge by his order dated 31-5-1986 only to the extent that the time of temporary custody was reduced to three hours from 10-00 a.m. To 1-00 p.m.

3. We heard the learned counsel for the parties and find no ground for interference with the judgment of the learned Additional District Judge. However, by consent of the parties the order of the Additional District Judge shall be maintained subject to the condition that Dr. Nizar A.I, the father of the first respondent, shall furnish persona bond in the sum of Rs. 1,00,000 to the satisfaction of the Nazir of the High Court for the safe return of the minor to the petitioner on eachoccasion he is taking for three hours. Such personal bond shall be furnished within two weeks and unless the same is furnished the child will not be taken by the first respondent.

The petition is converted into an appeal and allowed in terms of the above directions.

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