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Mst. Shama vs Said Amin Shah S — 2026 MLD 908 PESHAWAR-HIGH-COURT

Case information

Citation
2026 MLD 908 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2026
Reporter
MLD
Parties
Mst. Shama vs Said Amin Shah S
Subject matter
Family
Provisions referred to
S. 25---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

Mst. Shama VS Said Amin Shah S.25---Constitution of Pakistan, Art.199---Custody of minors---Constitutional petition---Concurrent judgments of courts below granting custody to respondent father, challenge to---Mother contracting second marriage---Effect---Welfare of minor---Paramount consideration---Scope---Held: Petitioner's remarriage had introduced strained familial relations and criminal allegations involving her new husband, who too was no one else but the real brother of her previous husband i.e. respondent No.1, the father of the minors---So, this fact expressly led the case to the exceptional circumstances, thereby affecting the overall well-being of the minor---Respondent being employed in Pakistan Army had demonstrated the ability to provide a secure and stable environment to his children, hence in view of the attending facts and circumstances the courts below had rightly prioritized the minors' welfare and committed no legal error while refusing custody of the minor to the petitioner/mother---Father being the natural guardian held a superior claim in absence of any disqualification---Impugned judgments of courts below were maintained by the High Court---Custody was to remain with the respondent father---Constitutional petition instituted by mother was dismissed, in circumstances.

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