Mst. FATIMA ZAHRA vs MUHAMMAD SHEROZ Ss — 2022 MLD 1506 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 MLD 1506 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: MLD
Parties: Mst. FATIMA ZAHRA vs MUHAMMAD SHEROZ Ss
Subject matter: Family
Provisions referred to: S. 12; 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

Mst. FATIMA ZAHRA VS MUHAMMAD SHEROZ Ss.12 & 17---Power to make interlocutory order for production of minor and interim protection of person and property---Matters to be considered by the Court in appointing guardian----Welfare of minor---Visitations rights of father---Respondent-father had contracted second marriage---Respondent (father) filed application under S.12 of the Guardians and Wards Act, 1890, for temporary custody of minor in winter and summer vacations which was allowed---Held, that paramount consideration while deciding question of custody of minor was the welfare of minor irrespective of age, sex and religion---Welfare includes his/her moral, spiritual and material well being----While considering what was welfare of minor, Court should have regard to age, sex, religion of minor, character and capacity of proposed guardian, his/her nearness of kin to the minor, and preference of minor if he or she was intelligent enough to make it---Travelling of minor from petitioner (mother) house to house of respondent- father from time to time and from hand to hand could not be suitable for health and betterment of minor----High Court directed that respondent father should have visitations rights i.e. birthdays, eid occasions, and summer and winter vacations and arrangements should be made by the Family Judge that such arrangements shall be subject to payment of maintenance of minor-----Constitutional petition was disposed of accordingly.

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