ABDUL GHAFFAR vs SHOUKAT S — 2022 YLR 2482 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 YLR 2482 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: YLR
Parties: ABDUL GHAFFAR vs SHOUKAT S
Subject matter: Criminal
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

ABDUL GHAFFAR VS SHOUKAT S. 25---Custody of minor---Welfare of minor--- Choice of minor--- Scope---Petitioner assailed the concurrent dismissal of his application for custody of minor (his biological son)---Wife of the petitioner was murdered for which he was charged and he was ultimately acquitted but in the meantime the custody of the minor was retained by minor's maternal grandfather---Grandfather of the minor had died---Minor was in custody of his uncle (????) but the Family Court had granted custody to the respondent (maternal uncle), who lived abroad---Statement of minor charging his father for the murder of his mother indicated that he was being brought up in a hostile environment where respondents were sowing seeds of enmity and hatred in the mind of minor against his father---Choice of minor was, no doubt, a relevant factor but in the present case minor was influenced by respondents to make a particular choice and therefore, he was not in a position to form intelligent preference---As far as criminal case against petitioner was concerned, the acquittal had proved his innocence---Second wife of the petitioner had assured the court that she would leave no stone unturned in the best upbringing of the minor---High Court observed that welfare of the minor lay with his father---Constitutional petition was allowed and the custody of minor was handed over to the petitioner, in circumstances. Head NotesCase Description

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