Father had not filed any tangible evidence to establish that minor was residing with mother at place 'R' and on mere presumptions, he had invoked territorial jurisdiction of Family Court at place 'R'.

-S. 25---Custody of minor---Application of petitioner/father for custody of minor was rejected on the ground that the same be filed before Family Court---Contention of petitioner/father was that defendant/mother, after her second marriage had shifted to place 'R' and was residing with her second husband along with the minor, hence, custody of minor be handed over to father---Mother's plea was that she was residing at place 'R', however, minor had been residing with her (mother's) parents at place 'M' and father, only to settle his amount of enmity had filed the application for custody of minor---Validity---Father had not filed any tangible evidence to establish that minor was residing with mother at place 'R' and on mere presumptions, he had invoked territorial jurisdiction of Family Court at place 'R'---Perusal of record reflected that minor had been residing at place 'M' and proceeding for determination of her custody at place 'R', would cause hardship for production of minor from place 'M' before Family Court at place 'R'---Constitutional petition of father being devoid of merits, was dismissed, accordingly.

2017 M L D 2041
[Sindh (Sukkur Bench)]
Before Shahnawaz Tariq, J
MUZAMIL AHMED---Petitioner
Versus
Mst. MEHNAZ PARVEEN---Respondent