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SHAHBAZ AHMAD versus ADDITIONAL DISTRICT JUDGE


Section 25 Constitution of Pakistan, Article 199 Constitutional application for the custody of the minor welfare of the scope father on the grounds that he has the welfare of the minor and the minor's mother had a second marriage contract with her. The application for custody of the minor was denied simultaneously within the prohibited degree. The minor daughter's mother contracted the second marriage and the father petitioner contracted the second marriage and the second daughter. There were also two daughters who had no proof in the record that the minor's mother's second husband was not of the minor's sibling and did not come under the prohibited degree. The minor was enjoying good health and was raised and well cared for. Stepmother being educated could not be substitute for real mother In its custody with the mother, the High Court did not interfere with the re-discovery of the facts by the following courts when such findings were reasonable and any accepted principle of neglecting any provision of the law or appreciating the evidence. If not followed, the constitutional jurisdiction was arbitrary in nature and one who sought equality must come in handy. The constitutional application was dismissed in the circumstances, pointing to controversial decisions

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