YASIR MUMTAZ ALI vs Mst — 2025 CLC 953 KARACHI-HIGH-COURT-SINDH

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YASIR MUMTAZ ALI VS Mst. HUMA RAFIQ S. 25---Custody of minor---Determining factors---Welfare of minor daughter as the paramount consideration---Second marriage of husband---Effect---Hizanat, right of---Plea of second marriage of wife/respondent---Held, that if the contention with regard to second marriage of the respondent (mother) was taken as true, even then welfare and well-being of the minor daughter was with her real mother in view of the fact that the petitioner was a truck driver and remained out of home for his job and it would never be in the interest and welfare of the minor to remain in custody of her step-mother more particularly when her real mother was alive---Paramount consideration while deciding the question of custody is the welfare of the minor irrespective of age, sex, and religion---Primarily, welfare includes his/her moral, spiritual and material wellbeing---While considering what is the welfare of the minor the Court should have regard to the age, sex, religion of the minor, the character and capacity of the proposed guardian and the preference of the minor, if he or she is intelligent enough to make it---In cases, concerning custody of a child, the Family Court is not required to go into intricacies/technicalities of the matter and should confine its findings to the extent of welfare of the child/minor, which is a paramount consideration---In the present case minor was aged about 10 years and she could not be taken away from the mother, who was more caring to her daughter, and due to her love and affection had not contracted second marriage and made hectic efforts by running from pillar to post merely to continue custody of her daughter---In contrast the petitioner (father) took a second wife---Constitutional petition was dismissed, in circumstances. Citation Name: 2025 CLC 953 KARACHI-HIGH-COURT-SINDHBookmark this Case YASIR MUMTAZ ALI VS Mst. HUMA RAFIQ art. 164---Guardians and Wards act (VIII of 1890), S. 25---Custody of minor---Photographs of Nikah as proof of second marriage of mother---Evidentiary value---Mere photographs, in absence of Nikahnama and/or any witness of Nikah, did not establish factum of second marriage. Citation Name: 2025 CLC 953 KARACHI-HIGH-COURT-SINDHBookmark this Case YASIR MUMTAZ ALI VS Mst. HUMA RAFIQ art. 199---Guardians and Wards act (VIII of 1890), S. 25---Custody of minor---Parental jurisdiction of High Court---Scope---High Court, exercising jurisdiction under art. 199 of the Constitution, must exercise parental jurisdiction and is not precluded from giving due consideration to the welfare of the minor, ensuring no physical or emotional harm occurs due to the breakdown of parental ties---Courts are custodians of minors and have ample powers under the law and the Constitution to protect their interest, ensuring physical safety, emotional well-being and welfare after a balanced and dispassionate assessment. Citation Name: 2025 CLC 953 KARACHI-HIGH-COURT-SINDHBookmark this Case YASIR MUMTAZ ALI VS Mst. HUMA RAFIQ art. 199---Constitutional jurisdiction of High Court---Scope---Concurrent findings of facts---Re-appraisal of evidence---Under constitutional jurisdiction re-appraisal of evidence in order to have a different conclusion than one already inferred by the courts below has never been considered an option to be upheld---Court under constitutional jurisdiction has to see whether any illegality has been committed by the forums below or the findings of the fact are based on material extraneous to the pleadings of the parties to justify interference on its part.

YASIR MUMTAZ ALI vs Mst — 2025 CLC 953 KARACHI-HIGH-COURT-SINDH

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