09/01/2026
ہائی کوٹ نے نابالغ بیٹا کس کے حوالے کیا؟
گارڈین جج نے بیٹا باپ کے حوالے کیا
لیکن اپیلٹ کوٹ نے بیٹا ماں کے حوالے کر دیا Custody of minor son / Guardian court / welfare of minor
PLD 2003 SC 877
2025 MLD 401
2025 LHC 8135
2025 YLR 2669
----S. 25---Petition for custody filed by the father--Custody of minor---Right of father---Scope-
-Mother not re-marrying---Effect---Welfare of minor--Appellate Court set-aside order passed by Guardian Court giving findings that when a mother does not get remarried then hardly any scope is left for the father to retain custody of a child of a tender age---Validity --Record reveals that the Guardian Court, after going through the relevant record and discussing in detail each and every aspect of the matter, including welfare of the minor, allowed the petition filed by petitioner / father by chalking out a schedule for meeting of the minor with the mother, however, on appeal preferred by the respondent/mother, the Appellate Court set-aside the said order of the Guardian Court---Petitioner/father produced sufficient documentary evidence in the shape of his affidavit, proof of salary, school fee card, photos of minor whereas the respondent / mother had only tendered (got exhibited) one document in her evidence, i.e. school certificate of the minor---Admittedly, the petitioner/ father is serving as a Quran teacher at a reputed school and he is looking after his son/minor in a better way with improved lifestyle and higher quality of life, as is evident from the (exhibited)pictures, whereas the respondent/mother is residing in a village---Thus, the findings given by the Appellate Court are wrong that when a mother does not get remarried then hardly any scope is left for the father to retain custody of a child of a tender age---Paramount consideration in custody of a minor is the welfare of the minor and nothing else---Guardian Court has only/strictly considered the welfare of the minor in light of the documentary evidence produced by the petitioner/father, while dealing with the matter---High Court set-aside the impugned judgment passed by the Appellate/ District Court, being not sustainable in the eye of law---Constitutional petition, filed by father, was allowed, in circumstances.
Mst. Seema Chaudhry and another v. Ahsan Ashraf Sheikh and others PLD 2003 SC 877
and Irfan Arshad v. Mst. Zainab Noor and 2 others 2025 MLD 401 ref
Your one-stop solution for all your legal needs in Karachi! 📜⚖️