Mst. NAILA HAMEED vs EJAZ MAHMOOD S — 2022 MLD 920 ISLAMABAD

Case information

Citation: 2022 MLD 920 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: MLD
Parties: Mst. NAILA HAMEED vs EJAZ MAHMOOD S
Subject matter: Civil
Provisions referred to: S. 25---C

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. NAILA HAMEED VS EJAZ MAHMOOD S.25---Constitution of Pakistan, Art.199---Constitutional petition---Guardianship of minor daughters---Concurrent findings of facts by two Courts below---Un-explained delay in filing appeal---Respondent / father was appointed guardian of minor daughters by Trial Court and appeal filed by petitioner / mother was dismissed by Lower Appellate Court as the same was barred by limitation---Validity---Concurrent findings of both the Courts were against petitioner / mother---High Court was Court of equity and petitioner / mother for equitable relief was supposed to put-forth some convincing materials which would have justified filing of her appeal after considerable delay---Only vigilant not the indolent was to get relief from Court of equity or law respecting her right which was violated or infringed---Petitioner / mother remained in deep slumber for such a long period for realization of her legal rights before High Court which she alleged to have been violated by respondent / father---In order to get discretionary and equitable relief, parties should approach to Courts with clean hands---In case of concurrent findings of Courts below, scope of Constitutional petition was very limited---High Court declined to interfere in judgments and decrees passed by two Courts below as the same were in accordance with law and facts---Constitutional petition was dismissed, in circumstances.

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