| Case ID |
029ba5e5-99e1-4865-b85d-95204842afea |
| Body |
View case body. Login to View |
| Case Number |
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| Decision Date |
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| Hearing Date |
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| Decision |
The writ petition was allowed, and the impugned judgments/orders of both the Courts below were set aside. The application filed by respondent No.3 for custody of the minors was dismissed, allowing the petitioner to retain custody of the minors. The decision emphasized the welfare of the minors, indicating that the respondent's claim for custody was not based on genuine affection but rather as a counteraction to the maintenance decree obtained by the petitioner. The court noted that the minors were well cared for by their mother and maternal grandparents, and the father's claims were influenced by external pressures, primarily from his elder brother. |
| Summary |
In this custody dispute case, the Lahore High Court addressed the issue of minors' welfare under the Guardians and Wards Act. The petitioner, Mst. Wakeelan Bibi, contested the custody claim made by her former husband, respondent No.3. The court found that the father’s application for custody was not motivated by genuine concern for the children but was a retaliatory action against the maintenance order favoring the mother. The court considered the minors' well-being, noting their good condition and the supportive environment provided by the mother and maternal grandparents. The decision reaffirmed the principle that the welfare of the minors must prevail over the rights of the parents. The ruling highlighted the importance of the children's emotional stability and attachment to their mother, ultimately allowing her to retain custody and ensuring the father's right to visitation. This case underscores the critical role of independent assessment in custody disputes, particularly when previous family dynamics and motivations are in play, reinforcing the need for courts to prioritize children's welfare above all else. |
| Court |
Lahore High Court
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| Entities Involved |
Not available
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| Judges |
SHAUKAT UMAR PIRZADA, J
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| Lawyers |
Ch. Ghulam-ud-Din Aslam for Petitioner.,
Sardar Muhammad Sarfraz Dogar for Respondent No. 3.
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| Petitioners |
Mst. WAKEELAN BIBI
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| Respondents |
ADDITIONAL DISTRICT JUDGE (Camp at Duniyapur), District Lodhran and 2 others
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| Citations |
2010 SLD 2397 = 2010 CLC 1564
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| Other Citations |
Muhammad Anwar v. Additional District Judge, Mandi Baha-ud-Din and 2 others PLJ 2007 Lah. 335,
Mst. Gulnaz Bibi v. Rafaqat Ali Shah and another PLD 2000 Pesh. 23
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| Laws Involved |
Guardians and Wards Act (VIII of 1890),
Constitution of Pakistan (1973)
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| Sections |
12,
17,
199
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