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HASAN KHURSHID HASHMI vs FEDERATION OF PAKISTAN, FEDERAL MINISTRY OF INTERIOR S — 2022 CLC 1288 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 CLC 1288 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
CLC
Parties
HASAN KHURSHID HASHMI vs FEDERATION OF PAKISTAN, FEDERAL MINISTRY OF INTERIOR S
Subject matter
Family
Provisions referred to
S. 25---F; S. 5---C; Family Courts Act (XXXV of 1964); Family Courts Act; Wards Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

HASAN KHURSHID HASHMI VS FEDERATION OF PAKISTAN, FEDERAL MINISTRY OF INTERIOR S.25---Family Courts Act (XXXV of 1964), S.5---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Alternate remedy---Minor son, custody of---Petitioner was father of minor son and there was dispute with respondent / mother of minor regarding his custody, issuance of passport and his removal from Pakistan---Validity---Presence of remedy available under law i.e. Family Courts Act, 1964, and Guardians and Wards Act, 1890, did not mandate High Court to exercise its jurisdiction under Art. 199 of the Constitution---Family Court was fully empowered to issue direction if required to concerned authority for placing name of minor on Exit Control List---Custody of minor was to be regulated by Family Court in pending Guardians and Wards suit---Petitioner could file application to regulate the custody of minor before Family Court---Constitutional petition was disposed of accordingly.

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