Syed HASSAN MURTAZA vs Mst — 2025 PLD 207 LAHORE-HIGH-COURT-LAHORE

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Syed HASSAN MURTAZA VS Mst. MARIYA BANO KHAN Ss. 7 & 12---Constitution of Pakistan, Art. 199---Constitutional petition---Habeas corpus---Custody of minor---Determining factors---Pendency of matter before Family Court---Petitioner was father of minor children who sought their custody on the plea that respondent-mother had illegally removed them from habitual residence in Canada to Pakistan---Validity---In custody disputes, concept of child's best interest prioritizes the child's welfare and well-being above parents' interests---It requires a thorough assessment of various factors, including their physical, emotional and psychological welfare and their cultural, social and educational needs---It emphasizes that subject to their age and maturity, child's opinions and preferences should be given due consideration when determining custody arrangements, ensuring their active participation in decision-making---Decisions must not discriminate against the child based on factors such as gender, race or disability---Instead, children should be provided a safe growth and long-term happiness---Respondent-mother applied to Family Court in Lahore under S. 7 of Guardians and Wards Act, 1890 for appointment as guardian of children and her application was accepted by Family Court---Petitioner-father alleged fraud and misrepresentation by respondent-mother and had challenged that order under S. 12(2), C.P.C.---Family Court suspended its order to inquire into such allegations and matter was pending, where evidence was needed to be recorded to resolve such controversy between the parties---High Court in exercise of Constitutional jurisdiction declined to interfere in the matter and petitioner-father was to seek remedy before Family Court---Constitutional petition was disposed of accordingly.

Syed HASSAN MURTAZA vs Mst — 2025 PLD 207 LAHORE-HIGH-COURT-LAHORE

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