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Writ Petition No. 3218 of 1975, decided on 26th. December, 1975.

‑‑ S. 25‑Custody of minor‑Mother handing over custody of minor (daughter) to her father on receipt .of amount deposited for dissolution of marriage on ground of khula'‑‑‑Contention that Court committed illegality in handing over custody of minor and such order not passed in Court proceedings‑‑Other adequate remedy being available to petitioner petition under Art. 199, held, not competent‑Constitution of Pakistan (1973), Art. 199.‑‑[Custody of minor‑‑Writ].

Shahid Hussain Kadri for Petitioner.

Mst. Razia Begum, the present petitioner, filed suit against her husband Said Alam, for dissolution of marriage, on 12‑9‑1974. A decree was passed in her favour on 30‑9‑1972, on the ground of khula' in lieu of Rs. 1,500 to be paid on or before 24,10‑1975. Another suit was filed on 25‑10‑1975, against Said Alam by his daughter Mst. Nusrat, Bibi, a minor girl through her mother Mst. Razia. Begum. This suit was for recovery of Rs. 3,900 as maintenance of Mst. Nusrat Bibi. In the suit for the recovery of maintenance, Mst. Razia Begum mother of Mst. Nusrat Bibi made statement that the amount of Rs. 1,500, which she had deposited in Court under the orders of the Court in suit for dissolution of marriage and for which amount the marriage had been dissolved on the ground of khula be returned to her and in lieu thereof, Mst. Nusrat Bibi be handed over to her father and the suit be dismissed having borne fruit. She further stated that from time onward she will be having no concern with Mst. Nusrat Bibi. Said Alam (father of Mst. Nusrat Bibi) also made statement to the effect that he was prepared to hand over Rs. 1,500 to Mst. Razia Begum mother of the minor child which she had deposited in Court in lieu of decree for dissolution of marriage on the ground of khula. The counsel of Mst. Nusrat Bibi was also present at the time when her mother Mst: Razia Begum made statement in Court: After recording the statements of the parties and their counsel, the Court banded over Rs. 1,500 to Mst. Razia Begum (mother of Mst. Nusrat Bibi) and Mst. Razia Begum voluntarily hand over the custody of her minor daughter Mst. Nusrat Bibi to her father. The suit was disposed of having borne the fruit. The present petition has been filed on the ground that the learned Civil Judge committed illegality in handing over the custody of the minor child to Said Alam. The proceedings clearly show that the Court did not pass the order for handing over the custody of Mst. Nusrat Bibi to her father Said Alam. Mst. Razia Begum wanted to get back Rs. 1,500 which she had deposited in lieu of the decree for dissolution of marriage on the ground of khula. She voluntarily handed over the custody of her minor daughter Mst. Nusrat Bibi to her father Said Alam. First she got back the amount of Rs. 1,500 and now she wants the restoration of her minor daughter through this petition. Since other adequate remedy is available to her under the law; the present petition is not competent under Article 199 of the Constitution of Islamic Republic of Pakistan. The petition is disposed of with these observations.

K. M. A. Petition dismissed.

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