Citation Name: 2023 PLD 412 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mst. SADAF RASHEED vs SENIOR CIVIL JUDG

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Citation Name: 2023 PLD 412 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mst. SADAF RASHEED VS SENIOR CIVIL JUDGE Ss. 7 & 25---Custody of minor girl---Welfare of minor---Decision upon the custody of minor girl, as far as practicable, must be made on merit on the basis of her welfare being paramount consideration in law. Citation Name: 2023 PLD 412 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mst. SADAF RASHEED VS SENIOR CIVIL JUDGE Ss. 7 & 25---Constitution of Pakistan, Art. 10-A---Custody of minor girl---Welfare of minor---Due service---Fair trial---Guardian Court dismissed application of the petitioner/ mother for setting aside ex-parte judgment and decree---Held, that in the absence of proper service and adequate opportunity of hearing granted to both sides, any determination of welfare of the minor could not be termed as lawful and satisfying the requirement of fundamental right to fair trial as guaranteed under Art. 10-A of the Constitution of Pakistan---Constitutional Petition of mother was allowed. Citation Name: 2023 PLD 412 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mst. SADAF RASHEED VS SENIOR CIVIL JUDGE Ss. 7 & 25---Family Courts Act (XXXV of 1964 ), S. 8---Application for the custody of minor girl---Due service---Fair trial---Service upon the defendant---Presumption---Mother and minor girl were living at a place/district different from the place/district where the father moved application for custody---Guardian Court dismissed application of the petitioner/mother for setting aside ex-parte judgment and decree---Petitioner/ mother claimed that neither she was personally served nor she had any knowledge of the case proceedings---Held, that primary controversy for the Court, in the present case, was that whether the mother was served in accordance with law before decree was passed against her---Without framing issues and recording evidence, the Court below had decided the factual controversy qua residential address of the mother/petitioner while relying on the photocopy of her alleged second marriage in district 'K', produced by the respondent/father---Court also presumed the petitioner's knowledge of proceedings and service of summons on the basis that notice along with registered envelope AD were sent on her district 'K' address and that notice was also proclaimed in the newspaper having been circulated/published from relevant division---Neither the process server was produced as a witness, in the present case, to establish personal service of summons under S.8 of the Family Courts Act, 1964, upon the mother/petitioner in accordance with law, nor any reference to his (process server's) report to the said effect had been made in the impugned order---In the absence of any acknowledgement due available on record, service of the notice had been presumed by the Court below merely on the basis of postal receipt available on record---Without establishing on record that the mother/petitioner could not be served personally, reliance on publication of the notice could not be considered safe to presume service of the mother/petitioner, particularly when father/respondent himself alleged in his petition for custody that she was an illiterate villager---High Court set-aside impugned order and allowed the application of mother/ petitioner for setting aside ex-parte judgment and decree---Application of father for the custody of minor girl would be deemed to be pending, at the place mother and minor were residing, for decision afresh in accordance with law---Constitutional petition was allowed, in circumstances.

Citation Name: 2023 PLD 412 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mst. SADAF RASHEED vs SENIOR CIVIL JUDGE Ss — 2023 PLD 412 LAHORE-HIGH-COURT-LAHORE

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