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Mst. FOZIA TASLEEM vs ADDITIONAL DISTRICT JUDGE, KHANEWAL S — 2023 MLD 218 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 MLD 218 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
MLD
Parties
Mst. FOZIA TASLEEM vs ADDITIONAL DISTRICT JUDGE, KHANEWAL S
Subject matter
Civil
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

Mst. FOZIA TASLEEM VS ADDITIONAL DISTRICT JUDGE, KHANEWAL S. 25---Constitution of Pakistan, Art. 199---Constitutional petition---Welfare of minor---Determination---Reluctance to maintain minor---Effect---Petitioner/mother was aggrieved of order passed by Lower Appellate Court handing over custody of minor daughter to respondent/father---Validity---Minor had been raised and brought up since her birth by petitioner/mother---Minor was more than 11 years of age when custody petition was filed by respondent/father---No confidence inspiring evidence was on record to the effect that respondent/father was much disturbed or eager regarding custody of minor---Inability and reluctance of respondent to maintain the minor due to inadequate financial resources and lack of interest were proved---Respondent/father was a labourer who had to go outside his house for work---Indifference of respondent/father in meeting with minor and irregular payment of meager maintenance allowance was established---Petitioner/mother was entitled to custody of minor in supreme interest and welfare of minor---High Court set aside judgment and decree passed by Lower Appellate Court who misread the evidence on record and restored that of Family Court--- Constitutional petition was allowed in circumstances.

Other judgments reported in 2023 MLD

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