KASHMIR ORPHAN RELIEF TRUST JARRI KASS MIRPUR vs FAMILY JUDGE HAJIRA Ss

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KASHMIR ORPHAN RELIEF TRUST JARRI KASS MIRPUR VS FAMILY JUDGE HAJIRA Ss.9, 12, 17 & 47---Respondent applied to the Chairman, Orphan Relief Trust, praying for custody of her minor girl aged 2-1/2 years---Petitioner/Trust accepted the application of respondent and she took the custody of the minor girl---Minor was properly being looked after by the petitioner/Trust---Petitioner/Trust applied for guardianship of minor and its application was pending before District Court---Father of the minor applied for custody and his application was passed by Family Judge declaring that he being father of the minor, was entitled to take back the custody of minor from the petitioner (Trust)---High Court directed the petitioner to produce the minor girl before the Court and simultaneously summoned mother and father of the minor---High Court ordered that the minor be put in the arms of her real mother and father but the minor girl on their attempt to take her in arms resisted and she did not show any love/affection towards both of them---High Court observed that the minor girl seemed to be astonishingly attached with the concerned female / employee of the Trust---Minor girl was given into custody of the petitioner/trust by her real mother when the minor was of only 2 months old; and mother stated that she was kidnapped and forced into agreement of "Nikah" and as per her stance the minor daughter was not a legitimate offspring as before entering into second agreement of wedlock she was already in a marital tie with another person---Held, that mother of minor herself stated that she gave birth to an illegitimate child, therefore, legitimacy could not be presumed---Minor's mother had already contracted another marriage---Custody of the minor was already pending adjudication before Judge Family Court, hence, the matter of the final custody was to be decided by the Guardian Judge---High Court observed that Family Court was required to pay deep ponderance while adjudicating the custody of the minor as essence of the custody was welfare of the minor which was also a first/pivotal brick in the foundation of the matter---Writ petition was allowed accordingly.

KASHMIR ORPHAN RELIEF TRUST JARRI KASS MIRPUR vs FAMILY JUDGE HAJIRA Ss — 2022 CLC 1465 HIGH-COURT-AZAD-KASHMIR

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