Sayed ARSHAD SHAH vs ADDITIONAL DISTRICT JUDGE S — 2026 PLD 332 LAHORE-HIGH-COURT-LAHORE

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Sayed ARSHAD SHAH VS ADDITIONAL DISTRICT JUDGE S.17---Constitution of Pakistan, Art.199---Custody of minor---Minor brought up by foster parents---Guardian court handing over custody to real parents---Legality---Welfare of minor, importance of---'Voice of the child'/ 'Intelligent preference of child', consideration of---Minor preferring staying with foster parents---High Court handed back custody of minor to foster parents---Facts: Respondents Nos. 3 & 4 (real parents) had, by consent, handed over custody of their minor son (about 13 years old) to the petitioners (foster parents/close relatives) who brought him up for about 9 years; the real parents filed an application for custody, which was allowed by the Guardian Court (with a meeting schedule), and the appeal was dismissed by the District Court, whereupon the petitioners invoked constitutional jurisdiction---Issue: "Whether the Guardian Court and Appellate Court acted illegally or with material irregularity by granting custody to the biological parents without meaningfully ascertaining and weighing the minor's 'intelligent preference'?"---Held: High Court while weighing upon the intelligent preference of the minor/voice of the child asked the minor as to his preference that which set of parents he wishes to reside with, upon which he in unequivocal and clear terms deposed that he wished to reside with the petitioners (foster parents)---Courts below also ignored the fact that respondent No.4 was a multi-married man having thirteen children and it would not have been safe to send the minor to such a big family who were all alien to him---Welfare of the minor lay with the petitioners (foster parents)---Courts below wrongly handed over custody of minor to real parents---Constitutional petition was allowed, in circumstances.

Sayed ARSHAD SHAH vs ADDITIONAL DISTRICT JUDGE S — 2026 PLD 332 LAHORE-HIGH-COURT-LAHORE

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