MOHAMMAD FARAAZ SHAIKH vs Ms — 2024 YLR 1330 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 YLR 1330 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: YLR
Parties: MOHAMMAD FARAAZ SHAIKH vs Ms
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

MOHAMMAD FARAAZ SHAIKH VS Ms. JAVERIA SHAHANI art. 199---Constitutional petition---Custody of minor---Restoration---Petitioner/father of minor son was aggrieved of removal of the child by respondent / mother--- Validity---Respondent/mother married in US and marriage was registered there under US laws---Child was born in US and later on respondent/mother chose to traffic the minor to Pakistan---Such illegal act rendered respondent/mother incapable of making right decision in the best interests of the child---Respondent/ mother destroyed the US passport of the minor and had made holes in the Pakistani passport of the child---Respondent/mother was not even willing to share details of the school where child was being educated in Karachi---Despite two opportunities having been given to her to bring the child to the Court, she failed and she wished to keep the child "underground" and intended to hide herself from red warrants issued against her---Respondent/mother of minor was not a fit person to take care of the best interests of the minor---High Court directed respondent/mother to hand over custody of the minor to petitioner/father or concerned authorities acting on his behalf, and the concerned authorities shall also afford all facilities to petitioner/father to take the child back to US---High Court further directed that in case respondent/mother wished to follow suit, appropriate facilities also be provided to her as and when requested---Constitutional petition was disposed of accordingly.

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