| Case ID |
059c01a1-e4fa-431d-bfab-91cd97fa86b4 |
| Body |
View case body. Login to View |
| Case Number |
Constitutional Petition No. S-638 of 2016 |
| Decision Date |
Jun 02, 2017 |
| Hearing Date |
May 11, 2017 |
| Decision |
The Sindh High Court upheld the decision of the Family Court regarding the guardianship of the minor, Aisha, by her mother, MST. Sakina, while granting visitation rights to the father, Irfan Baddar Abbasi. The court emphasized the importance of the welfare of the minor, noting that both parents have responsibilities towards their children. The court ordered that the father should have the right to meet with his daughter twice a month, considering the minor's safety and security. The petitioner could not substantiate claims of inadequate education provided by the mother, and the court observed that the upbringing of the daughters together was essential for their emotional and social development. The decision was made in accordance with Islamic law, reflecting the responsibilities of both parents in the upbringing and maintenance of their children. |
| Summary |
In the case of Irfan Baddar Abbasi vs. MST. Sakina and 2 others, the Sindh High Court dealt with a guardianship application under the Family Courts Act, 1964. The case arose from a dispute over the custody of a minor daughter, Aisha, after the dissolution of marriage between the petitioner and the respondent. The court found that the welfare of the children was paramount, emphasizing that siblings should remain together to foster a sense of familial bond. The father alleged that the mother could not provide proper education; however, the court ruled in favor of the mother, highlighting her ability to care for her daughters adequately. The decision also included provisions for visitation rights for the father, allowing him to maintain a relationship with his daughter. This case illustrates the court's commitment to ensuring the best interests of minors in custody disputes, aligning with contemporary family law practices. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
FAHIM AHMED SIDDIQUI
|
| Lawyers |
Irfan Baddar Abbasi,
Riaz Hussain Khoso
|
| Petitioners |
Irfan Baddar Abbasi
|
| Respondents |
2 OTHERS,
MST. SAKINA
|
| Citations |
2018 SLD 1823,
2018 MLD 1361
|
| Other Citations |
Not available
|
| Laws Involved |
Family Courts Act, 1964
|
| Sections |
5
|