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Mst. SAFIA BIBI vs ADDITIONAL DISTRICT JUDGE S — 2022 CLC 762 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 CLC 762 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
CLC
Parties
Mst. SAFIA BIBI vs ADDITIONAL DISTRICT JUDGE S
Subject matter
Civil
Provisions referred to
S. 17---C; S. 12

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

Mst. SAFIA BIBI VS ADDITIONAL DISTRICT JUDGE S.17---Custody of minor---Preferential right---Age factor---Intelligent/reasonable preference by minor---Welfare of minor---Scope---Ex-parte proceedings were initiated against the petitioner (mother)--¬-Application under S.12(2), C.P.C., of petitioner was dismissed also made a ground to dismiss the appeal of the petitioners---Minors' ages being 16 and 15 years were considerable point---Welfare of the minor coupled with his/her own wish, particularly when he/her can make a reasonable preference on account of his/her age, is the primary consideration for a court of law for the decision of such cases---Intelligence preference of the minor could be the way to reach at the consideration regarding the entitlement of the custody, but it was not the sin qua non for the court to make it the basis for its decision---Any force applied in the matter of custody against their wishes, when they had attained sufficient maturity in exercising their preference would not be consistent with their welfare and rather may have adverse effect---High Court set-aside the ex-parte order of Guardian Judge, subject to special cost of Rs.20,000/-; and remanded the case to the Guardian Judge---Constitutional petition was allowed accordingly.

Other judgments reported in 2022 CLC

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