| Case ID |
08d358bb-2e23-4d26-943c-0a2a89ae9dd2 |
| Body |
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| Case Number |
Writ Petition No.1068 of 2009 |
| Decision Date |
Jan 22, 2009 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the writ petition filed by the petitioner, Kousar Perveen alias Shameem, challenging the decision of the learned trial Court which awarded the custody of the minor children to the respondent, Muhammad Fayyaz. The Court found that the welfare of the minors, who were all above 7 years of age and studying at an English medium school, was better served by being in the custody of their father. The Court noted that a different view could not be taken in constitutional jurisdiction, emphasizing the importance of the father's educational background and his commitment to the future of the minors. The petitioner's concerns about the change of custody affecting the children's future were deemed insufficient to overturn the lower court's decision. |
| Summary |
In the case of Kousar Perveen alias Shameem vs. Muhammad Fayyaz and others, the Lahore High Court addressed a writ petition concerning the custody of minor children under the Guardians and Wards Act (VIII of 1890). The Court emphasized the paramount importance of the welfare of minors, particularly those above 7 years of age, and upheld the decision of the trial Court that granted custody to the father, Muhammad Fayyaz. This case highlights critical legal principles regarding child custody, parental rights, and the interpretation of evidence in family law cases. It reinforces the notion that educational stability and the potential for better future prospects weigh heavily in custody determinations. The decision aligns with contemporary discussions on child welfare, legal standards in custody disputes, and the role of education in family law, making it a noteworthy reference for similar cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
S. ALI HASSAN RIZVI, J
|
| Lawyers |
Muhammad Sana Ullah Khan
|
| Petitioners |
KOUSAR PERVEEN alias SHAMEEM
|
| Respondents |
2 others,
MUHAMMAD FAYYAZ
|
| Citations |
2009 SLD 525,
2009 CLC 566
|
| Other Citations |
Not available
|
| Laws Involved |
Guardians and Wards Act (VIII of 1890),
Constitution of Pakistan (1973)
|
| Sections |
25,
199
|