Citation Name: 2025 PLD 279 KARACHI-HIGH-COURT-SINDHBookmark this Case SAREM MUHAMMAD MUKHTAR vs SADIA AQUIL A

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Citation Name: 2025 PLD 279 KARACHI-HIGH-COURT-SINDHBookmark this Case SAREM MUHAMMAD MUKHTAR VS SADIA AQUIL AHMED Ss. 8 & 19---Civil Procedure Code (V of 1908), O. VII, R.11---Constitution of Pakistan, Art. 199---Constitutional petition---Rejection of proceedings---Custody of minor---Ordinary place of residence of minor outside Pakistan---Jurisdiction of Court in Pakistan---Scope---Petitioner/father of minor assailed guardian proceedings before Guardian Court on the plea that ordinary place of residence of minor was abroad and not in Pakistan---Trial Court declined to reject the proceedings---Validity---At the time when dispute relating to custody of minor arose and guardian application was filed at Karachi by respondent/mother of minor, the home state/ordinary residence of minor was State of Washington, USA and not Karachi---Minor was not illegally or improperly removed or taken away from the custody of respondent at Karachi nor were the minor or parties residing or last resided at Karachi---Cause of action alleged by respondent/mother of minor had not arisen at Karachi---Guardian Court at Karachi did not have territorial jurisdiction to entertain application of respondent/ mother of minor seeking orders relating to custody of minor---High Court set aside order passed by Guardian Judge and application under O. VII, R. 11, C.P.C., filed by petitioner/father of minor was allowed---Minor could not be deprived of love, affection, care, presence and company of her father under any circumstances; and the respondent/ mother could not be the sole judge to decide when the minor should see or meet her father and grandparents and for how long or how frequently---Such right of petitioner/father and the minor, under Shariah and law in Pakistan, could not be denied or even curtailed---High Court settled schedule of meeting of petitioner/father with his daughter---Constitutional petition was allowed accordingly.

Citation Name: 2025 PLD 279 KARACHI-HIGH-COURT-SINDHBookmark this Case SAREM MUHAMMAD MUKHTAR vs SADIA AQUIL AHMED Ss — 2025 PLD 279 KARACHI-HIGH-COURT-SINDH

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