RASHID HUSSAIN vs ADDITIONAL DISTRICT JUDGE, ISLAMABAD (EAST) Ss — 2022 PLD 32 SUPREME-COURT

Case information

Citation: 2022 PLD 32 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: PLD
Parties: RASHID HUSSAIN vs ADDITIONAL DISTRICT JUDGE, ISLAMABAD (EAST) Ss
Subject matter: Family

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

RASHID HUSSAIN VS ADDITIONAL DISTRICT JUDGE, ISLAMABAD (EAST) Ss. 17 & 25---Custody of minors---Preferential right---General principle and exceptions---As a general principle the degree of preference was confined to relationship depending upon the order of preference due to closeness of blood relationship and other aspects which were essential in upbringing of the minors within four corners of law---Any deviation from the general principle, where the blood relationship had to be dislodged, there should be very strong and compelling reasons to have a contrary view which included upbringing, education, healthcare, congenial domestic atmosphere, physical and psychological advantages, sect, religion, character and capacity of the claimant to whom care of the minors was to be assigned---When ignoring/ bypassing the general principle there must be very strong and exceptional circumstances which must be brought forth with reference to the intent of the legislature regarding the sole purpose of "welfare of minor".

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