MST. GHULZADI versus GOVERNMENT OF SINDH THROUGH HOME SECRETARY
Section 491 Constitution of Pakistan, Article 199 Constitutional application of custody of minors with the father / husband Whether the wife is entitled to her husband in illicit custody The effect of the wife / applicant has been harassed by her husband, causing her to leave the children. Took along ; Then her husband forcibly took the children to his village and placed them in illegal custody. The valedictorian petitioner was the married husband of the respondent and did not even file a case of vandalism. The husband allegedly took 4 children with him, two of them aged 11 years and 9 respectively. Years old, meaning he was not old enough. The wife did not enter any birth certificate to give the exact date of birth of her children. The wife was with her husband, at least as long as the marriage survives. The wife was obliged to live. The wife lived with her husband for 12 years with confession, the wife had left / left her husband of her choice, and now she cannot lose her husband to access and live with the children. The husband was responsible for the husband. Raising children with their father cannot be considered legal in such a case where the wife can begin proceedings in the Guardian Court to resolve her GR. For example, under WIFE section 491, the High Court failed to show any unusual / unusual circumstances for exercising jurisdiction, according to the CC constitutional application dismissed.
Related judgments — Karachi High Court Sindh, 2014