| Case ID |
040a5f0b-db26-43d5-a026-6e12359b8772 |
| Body |
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| Case Number |
Writ Petition No. 3312 of 2020 |
| Decision Date |
Jun 01, 2021 |
| Hearing Date |
Jun 01, 2021 |
| Decision |
The Lahore High Court dismissed the writ petition of Mst. Shahida Adnan, thereby affirming the visitation rights of the father, Adnan Haroon, to his minor daughter, Fatima Adnan. The court emphasized that denying a father access to his daughter could lead to emotional deprivation. The decision highlighted that the welfare of the minor is the paramount consideration in custody cases. The court maintained that the right of visitation is essential even if custody is awarded to the other parent. The arguments presented by the petitioner's counsel were rejected, and the previous decisions of the lower courts were upheld. |
| Summary |
The case revolves around the custody of a minor under the Guardians and Wards Act, 1890. Mst. Shahida Adnan challenged the lower court's decisions regarding visitation rights granted to her former husband, Adnan Haroon. The Lahore High Court, presided by Justice Jawad Hassan, ruled that the emotional well-being of the child necessitated maintaining a relationship with both parents. The court noted that the father could not be treated as an alien in the child's life, and visitation rights are a fundamental aspect of parental responsibility. The judgment underscored the importance of love, care, and parental guidance from both mother and father, ultimately dismissing the petitioner's appeal. This case highlights critical issues surrounding child custody and parental rights, emphasizing the child's welfare as the primary consideration in legal decisions. Keywords such as 'child custody', 'visitation rights', 'Guardians and Wards Act', and 'parental rights' are essential for legal professionals and researchers focusing on family law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Jawad Hassan
|
| Lawyers |
Ms. Farhana Qamar Rana,
Fahad Ahmad Siddiqui
|
| Petitioners |
Mst. Shahida Adnan
|
| Respondents |
Additional District Judge and others
|
| Citations |
2021 SLD 1724,
2021 YLR 1915
|
| Other Citations |
Mst. Madiha Younus v. Imran Ahmed 2018 SCMR 1991,
Mst. Hanifan Bibi v. I. G. Police and others 2003 MLD 1329,
Shahbaz Aftab Khan v. Judge Family Court and others 2014 CLC 1168,
Mst. Aliya Fazil and another v. Mirza Farhan Rubbani and another 2013 MLD 1631,
Saira Anjum and 2 others v. Rizwan Riaz Saigal and 2 others 2014 MLD 1137,
Mst. Ayesha Shahid v. Additional District Judge and others 2018 MLD 1592,
Abdul Khaliq and others v. Ms. Mahnoor and others PLD 2018 Balochistan 44,
Mst. Hira v. 7th Additional Sessions Judge, Hyderabad and another 2019 MLD 804
|
| Laws Involved |
Guardians and Wards Act, 1890
|
| Sections |
25
|