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Raja MUHAMMAD OWAIS vs Mst — 2022 SCMR 2123 SUPREME-COURT

Case information

Citation
2022 SCMR 2123 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
Raja MUHAMMAD OWAIS vs Mst
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

Raja MUHAMMAD OWAIS VS Mst. NAZIA JABEEN Ss. 17 & 25---Custody of children---Mother contracting second marriage---Intention of children to live with the mother---In the present case, the Guardian Judge considered the welfare of the children based on their ages and gender---Mother was an educated woman running a private school; she lived in her own house and was able to care for the children---One of the factors that prevailed with the Guardian Judge was the wishes of the four children as they made their statement in Court that they were desirous of living with their mother---In order to ascertain the desire of the children each of them was asked in Court, about their preference, and they informed the Court that they desired to live with their mother---Children were confident and were able to easily express their wishes, and their desire as expressed was relevant particularly when the child was able to express his or her mind on preference---Although, this could not be the sole factor, it was a relevant factor---Custody of children was rightly awarded to the mother---Petition for leave to appeal was dismissed.

Other judgments reported in 2022 SCMR

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