ALD 2006

Tanvir Abbas v Nazia Yaqoob 2006 YLR (1636)

Concurrent findings of facts by courts belowfamily court declined to hand over custody of
minor son to father during pendency of appeal before appellate court,father of the minor
stated that he belonged to fiqa-e-jaffaria and wanted to amend his application accordingly
appellant court did not allow the amendment and dismissed the appeal validtyfather had
never claimed,even in grounds of appeal before appellant court,that he belonged to fiqa-ejaffaria application of the father was rightly dismissed,as the same was an attempt to set
out anew case and cause of action high court in exercise of constitutional jurisdiction
declined to interfere in the order passed by appellate court refusing to allow such
amendment.

Zahid Hussain v Tahira perveen 2006 CLC 1766

Respondent on being divorced,filed application for custody of minor daughter,which was
concurrently allowed by trial court and appellant courtTrial court observed that minor was
not being directly looked after by petitioner/father of minor,but was in custody of her
grandfather who like petitioner had contracted second marriage and minor was in custody
of her step mother and step grandmotherstep mother or a step grandmother could not be
a substitute for the real mother,Trial court was justified in holding that welfare of minor,being
paramount consideration lay with the real mother who had not contracted second marriage
after her divorceappellate court had rightly upheld judgment of trial court.
Salma v additional district and sessionl judje fasialabad2006 YLR316
Welfare of minor ; determination of both the divorced spouses contracted their second
marriagesguardian judge and lower appellate court dismissed the application and appeal
of mother, for the reason that the matter had already been decided in an earlier application
where by she was bound to hand over the custody of the minor to his farther, on attaining
the age of 7 yearsHigh court inspite of sitting in constitutional jurisdiction, declined to
consign and minor to uncertain environment and surroundings, as done by the courts below
High court, in exercise of constitutional jurisdiction intervened to undo the orders which
would result in prejudice to the future/personality of minor of the minor and would work

against his welfareorders passed by both the courts below word declared illleagel,void
and of no illegal effectcustody of minor was ordered to be retained with mother as
decided by guardian judge earlier.

Jamila Bibi v Shabir Ahmed 2006 CLC 207

Mother of minor boy having died, minor remained with his maternal
grandmother/petitionerresponded who was father of minor, claiming himself to be natural
guardian of minor, moved application S.25 of guardians Wards, 1890 seeking custody of
minorguardian judge accepting application of respondent directed at custody of minor
delivered to respondent and judgment upheld in appealjudgments recorded by two courts
being violative of law were not sustainable, and were set aside and matter was remitted to
guardian judge with direction to pass a fresh judgment after hearing arguments of both
parties