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Syed REZA ALI SHAH vs XII MODEL CIVIL APPELLATE COURT,DISTRICT SOUTH, KARACHI Ss — 2022 PLD 171 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PLD 171 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
PLD
Parties
Syed REZA ALI SHAH vs XII MODEL CIVIL APPELLATE COURT,DISTRICT SOUTH, KARACHI Ss
Subject matter
Family
Provisions referred to
S. 5; S. 9; Family Courts Act (XXXV of 1964); 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

Syed REZA ALI SHAH VS XII MODEL CIVIL APPELLATE COURT,DISTRICT SOUTH, KARACHI Ss. 25 & 9---Family Courts Act (XXXV of 1964), S. 5, Sched.---Family Courts Rules, 1965, R. 6---Custody of minor---Territorial jurisdiction---Residing together---Minor, residing abroad---Scope---Petitioner (mother) filed a petition for custody of minor residing abroad---Respondent (father) filed application under S. 9 of Guardians and Wards Act, 1890---Trial Court allowed the respondent's application and returned that of petitioner---Appeals filed by petitioner were dismissed---Validity ---Case of petitioner was that respondent had gone abroad consequent upon mutual understanding to continue her education at a university and she had agreed to return to Pakistan after two years---Respondent had not denied the assertions of petitioner, as such, the petitioner's assertions would be deemed to have been admitted---Stay of respondent so also of the minor abroad was only of temporary nature, therefore, the Courts below had erred in holding that 'ordinary residence of minor' was abroad and not Pakistan---Such stay could not have been termed as 'residing together'---Orders passed by Courts below were set aside and the matter was remanded to the Trial court for decision afresh---Constitutional petitions were disposed of accordingly.

Other judgments reported in 2022 PLD

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