Const. P. 1464/2024 (S.B.) Sindh High Court, Karachi

Sindh High Court · 2026 · Before Muhammad Hasan (Akber)

Two Civil Miscellaneous Applications [CMAs 6391/2025 and CMA 5618/2025] are being decided through this common Order, in these two petitions, which have been tagged together by an earlier Order in these petitions. The prayers in these applications are for recall of the attachment Order dated 09.04.2025.

2. Heard learned Advocates for the petitioner and both the applicants and perused the record with their able assistance. To avoid repetition, the respective contention of the parties will be discussed at the relevant portions in the latter part of this Order, for brevity’s sake.

3. The chequered history of the dispute between the parties is that Constitution Petition No.S-1464/2024 has been initiated by the Petitioner [wife] against Respondent No.3/ her [husband] for taking over custody of one of their minor son, Mirza Azfar Jalees Baig, born on 23.08.2014, presently aged about 12 years, whereas two other children are already in the custody of the wife. According to the wife, such an act by the husband was in violation of a Compromise Order dated 24.11.2023, which was passed on an Page 2 of 7 application under Order XXIII rule 3 CPC. filed in Guardian and Ward Application No.3380 of 2022 filed by the husband before the learned Guardian Judge VIII Karachi East.

4. Earlier, the wife filed Family Suit No.3381 of 2022 for conjugal rights against her husband. She also filed another Family Suit No.3803/2022 for maintenance against her husband. The said two Family cases and the Guardian and Ward Application [all three proceedings] were subsequently transferred to the Court of learned Family Judge-VIII, Karachi East, wherein two Issues were framed.

5. On the day when evidence was to be recorded, both husband and wife filed an application under Order XXIII Rule 3 CPC, based whereon a Compromise Decree dated 24.11.2023 was prepared, terms whereof are reproduced below: “…..On the above issues parties were directed to lead evidence but today both parties along with their councils appeared before this court and filed application for mutual compromise as per following terms and conditions:

1. That parties amicably agreed and decided in between them that the applicant shall arrange a separate accommodation nearby Jama Masjid Baitul Mukarram Gulshan-e-Iqbal, University Road, Karachi.

2. That no there is nothing left in between the parties.

3. That now after filing of this application, both parties prayed for withdrawal of above matter.

4. That whereas after intervention of respective advocates from both side meeting was held in between the parties and by the grace ALMIGHTY ALLAH the parties reached the conclusion/settlement of their disputes in terms of compromise.

5. That parties shall not initiate any proceedings before any competent forum/ hon’ble court in future in respect of any dispute except this hon’ble court.

6. This application for cum settlement of disputes among these spouses have been settled between parties in the name of ALMIGHTY ALLAH.

7. That both the parties shall not moved any further application and/or applications complain complaints before any police station competent forum and any other forum in respect of the disputes and having no legal effect and after dispose of compromise this application for compromise.

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