| Case ID |
05efa761-9c9b-40ae-a6eb-119d8e088c83 |
| Body |
View case body. Login to View |
| Case Number |
W.P. No. 2543 of 2017 |
| Decision Date |
Feb 10, 2017 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the constitutional petition filed by the petitioner, Mohammad Mohsin, seeking to place his minor son on the Exit Control List (ECL). The court observed that the matter was already under the jurisdiction of the Guardian Court, which had issued orders regarding the custody and travel restrictions of the minor. The court emphasized that the Guardian Court would decide all pending applications and pass appropriate orders in accordance with the law, thereby affirming the authority of the Guardian Court in matters of parental jurisdiction. The High Court found no evidence of imminent removal of the minor from the jurisdiction, leading to the decision to remove the minor's name from the ECL. |
| Summary |
In the case of W.P. No. 2543 of 2017, the Lahore High Court addressed a petition concerning the custody and travel restrictions of a minor under the Guardians and Wards Act, 1890. The petitioner, Mohammad Mohsin, sought to place his son on the Exit Control List (ECL) to prevent the minor from leaving Pakistan. The court noted that the Guardian Court was already handling the case and had previously restrained the mother from taking the minor out of the jurisdiction without permission. The High Court reiterated the importance of the Guardian Court's jurisdiction in such matters and ultimately dismissed the petition, affirming that all related issues should be resolved within that court. The decision highlights the complexities surrounding parental rights and the legal frameworks designed to protect minors in custody disputes. This case serves as a crucial reference for similar future disputes, emphasizing the importance of adhering to the established legal processes for the welfare of minors. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Jawad Hassan
|
| Lawyers |
Syeda Maqsooma Zahra Bokhari,
Tahir Mahmood Mughal,
Sardar Kaleem Ilyas,
Muhammad Asfand Yar Waraich
|
| Petitioners |
Mohammad Mohsin
|
| Respondents |
,
Federal Government
|
| Citations |
2017 SLD 2372,
2017 YLR 1229
|
| Other Citations |
PLD 2004 SC 357
|
| Laws Involved |
Guardians and Wards Act, 1890
|
| Sections |
12,
25
|