| Case ID |
029c098a-8b0f-4a80-a84e-df1656a43669 |
| Body |
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| Case Number |
Civil Appeal No. 100 of 2020 |
| Decision Date |
Aug 10, 2021 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the decision of the lower courts, affirming the issuance of the guardianship certificate in favor of the father, Muhammad Munsif Khan. The court emphasized that the welfare of minors is paramount in custody cases, and given the circumstances, including allegations against the mother and the stability of the current living arrangements with the father, it was determined that the children would be better cared for in the father's custody. The appeal was dismissed, reinforcing the principle that the minor's best interests must be prioritized over parental rights. |
| Summary |
In the case of Waheeda Bashir Kiyani vs. Muhammad Munsif Khan, the Supreme Court (AJ&K) addressed the complexities surrounding custody under the Guardians and Wards Act, 1890. The court focused on the welfare of the minors, emphasizing that serious allegations against the mother, including those affecting her character and stability, warranted the decision to grant custody to the father. This case highlights the judicial approach to guardianship, where the environment and upbringing of minors are critically assessed. The ruling underscores the necessity for courts to prioritize the health, education, and moral upbringing of children in custody disputes, a principle that resonates widely in family law. The court's decision reflects a broader commitment to ensuring that minors are raised in a supportive and nurturing environment, free from conflict and instability. This case serves as a precedent for future custody determinations, particularly in circumstances involving allegations of misconduct by parents. The ruling also reiterates the legal framework guiding guardianship decisions, making it essential for legal practitioners and families to understand the implications of the Guardians and Wards Act in custody cases. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
KH. MUHAMMAD NASIM,
RAZA ALI KHAN
|
| Lawyers |
Mrs. Rahat Farooq Raja,
Raja Jalil Umar Khan
|
| Petitioners |
WAHEEDA BASHIR KIYANI
|
| Respondents |
MUHAMMAD MUNSIF KHAN
|
| Citations |
2022 SLD 3176,
2022 YLR 2201
|
| Other Citations |
Shafiqurehman v. Mst. Fazilat Begum 1995 SCR 136,
M. Rasheed and another v. M. Bashir and another 2009 SCR 237,
Nasrullah v. Shamim Akhtar and others 2010 PCr.LJ 1623,
M. Ismael and another v. State and another 2008 SCR 584,
Munir Hussain Shah and others v. Qasim Hussain Shah and others 1999 CLC 828,
Adalat Khan v. Fazal Hussain and another 1995 SCR 151,
M. Ramzan v. Mst. Rukhsana Bi 1996 SCR 265,
Shabana Naz v. Muhammad Saleem 2014 SCMR 343,
Sultana Begum v. Mir Afzal and others PLD 1988 Kar. 252,
Mst. Hamida Begum and others v. Ubedullah and others 1989 CLC 604
|
| Laws Involved |
Guardians and Wards Act, 1890
|
| Sections |
25,
17
|