ASJAD ULLAH vs Mst — 2025 PLD 541 SUPREME-COURT

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ASJAD ULLAH VS Mst. ASIA BANO S.12---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 residing abroad and merely two months after his marriage with respondent, he returned abroad while respondent stayed in Pakistan---Petitioner pronounced divorce upon respondent while residing abroad---Petitioner had neither seen his minor daughter since her birth nor made any effort to meet her---He did not return to Pakistan to pursue custody of minor instead filed application for custody after his arrival in Pakistan due to demise of his father---Petition and subsequent appeal were filed through his attorney, who represented him in the proceedings---Petitioner did not appear personally in either trial or Lower Appellate Court or in Constitutional petition---Application for custody was not motivated by affection or concern for the minor instead it was a retaliatory measure in response to the suit instituted by respondent for recovery of dowry articles and maintenance---There was no evidence on record to suggest that respondent failed in her duty to properly care for the minor or to provide her with proper education and upbringing---Minor was about 13 years of age, she had never seen her father, who had been residing outside Pakistan since before her birth---Throughout her life, she had developed a strong emotional attachment with her mother, who was her sole source of love, care, guidance, and financial support---Petitioner, as the father, had never made any attempt to contribute towards minor's educational expenses, nor had he inquired about her schooling or well-being---Minor was receiving quality education in a reputable private school and had consistently been securing top positions in her class, which reflected her academic excellence, proper upbringing, and stable environment---At such delicate and formative stage of adolescence, when emotional security, proper moral upbringing, and a strong educational foundation are of paramount importance for minor's future growth and development, any unwarranted disturbance or change in environment of minor would likely cause irreversible harm to minor's personality and career---It was imperative for welfare, betterment and best interests of the minor, that her custody remain with her mother---Supreme Court declined to interfere in judgment passed by High Court which was well-reasoned and had considered all material aspects of the case---Petitioner failed to point out any illegality or infirmity in concurrent findings of the Courts below---Petition for leave to appeal was dismissed and leave to appeal was refused. [Majority view]

ASJAD ULLAH vs Mst — 2025 PLD 541 SUPREME-COURT

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