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ASJAD ULLAH vs Mst — 2025 PLD 541 SUPREME-COURT

Case information

Citation
2025 PLD 541 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2025
Reporter
PLD
Parties
ASJAD ULLAH vs Mst
Subject matter
Family
Provisions referred to
S. 12---C

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

ASJAD ULLAH VS Mst. ASIA BANO S. 12---Constitution of Pakistan, Art. 185(3)---Suit for custody of minor daughter---Remarriage of mother---Welfare of minor---Determination---Petitioner/father of minor daughter was aggrieved of concurrent findings of facts by all Courts below disentitling him from the custody of his minor daughter which was with respondent/mother---Plea raised by petitioner was that mother was not entitled to the custody as after divorce she had remarried a person falling in prohibitory degree to the minor---Validity---Petitioner was biological father of the minor who had sought custody of his minor daughter residing with her maternal grand-mother---Respondent had already remarried and was settled abroad whereas petitioner had not remarried---Given the sensitive nature of custody matters and paramount importance of welfare of minor, assertions raised by petitioner, though not determinative at present stage of proceedings before Supreme Court, merited issuance of notice, which would have enabled a more comprehensive assessment of the matter---Father holds a position of vital importance in a child's life, offering not only emotional stability but also social identity and support within our societal structure---Petition did not merit dismissal without issuance of notice to respondent.

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