DEWAN ABDULLAH AHMED FAROOQUI vs COURT OF FAMILY JUDGE SOUTH, SADDAR KARACHI S

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DEWAN ABDULLAH AHMED FAROOQUI VS COURT OF FAMILY JUDGE SOUTH, SADDAR KARACHI S. 7---Civil Procedure Code (V of 1908), S. 11---Constitution of Pakistan, Art. 199---Constitutional petition---Res judicata, principle of---Applicability ---Custody of minors---Dispute between the parties was with regard to application regarding custody of minor daughters pending before Family Court---Petitioner sought dismissal of custody application on the principle of res judicate, as earlier custody application had already been dismissed---Family Court dismissed application of petitioner---Validity---Welfare of child in custody cases, was of paramount consideration---Order of custody of a child was not one of permanent nature--- Change in circumstances or new grounds that could have arisen with the passage of time could necessitate revisiting earlier order for custody---Second, application was not barred in such circumstances---Earlier order for custody was to be given due weight and importance while deciding second application---Physical, emotional and psychological growth of child could be considered as change of circumstances---No definitive age could be stated at which child was able to express his or her preference in a custody case---Just because a child preferred to stay with one parent or the other did not mean that such wish must necessarily be exceeded to---Child in adolescence could be motivated by desires that may not be in their better interest---Court was to determine if child was mature enough to express his or her preferences as well as could determine intent and reasoning behind its preferences---New grounds, like children were substantially older, remarriage of father, departure of one child and allegations as well as allegations of increased abuse, necessitated that Family Court to examine such issues based on evidence to support such allegations---Children must be given an opportunity to express themselves---High Court declined to interfere in the order passed by Family Court regarding rejecting plea of principle of res judicata---Constitutional petition was dismissed, in circumstances.

DEWAN ABDULLAH AHMED FAROOQUI vs COURT OF FAMILY JUDGE SOUTH, SADDAR KARACHI S — 2022 YLR 2095 KARACHI-HIGH-COURT-SINDH

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