1715/2016 Const. P. Mst. Sadaf Younus thr Her Father Muhammad Younus (Petitioner) V/S Saqib Nadeem & Others (Respondent)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
1715/2016 Const. P. Mst. Sadaf Younus thr Her Father Muhammad Younus (Petitioner) V/S Saqib Nadeem & Others (Respondent) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 18-DEC-17
Insofar as Rules 5 and 6 of the West Pakistan Rules under Muslim Family Laws Ordinance 1961 is concerned, the petitioner was divorced in Pakistan while the custody of the ward was with her. Both the counsels have not objected that the ward is a dual national and since ward being with mother is living within the territorial limits of the Court where Guardian & Ward application was filed and the cause of action in terms of Rule 6 ibid arisen, it has the jurisdiction. Such point was never raised before the trial Court or before the appellate Court and hence it does not lie in the mouth of the respondent who himself filed an application for the custody of the ward surrendering himself to the jurisdiction of the trial Court. Advocates: Iftikhar Jawed Qazi(ADVO-2356-SBC-KHE),Syed Muhammad Nehal Hashmi(ADVO-3490-SBC-KHI)