| Case ID |
1620e761-539c-492a-af29-783a259affeb |
| Body |
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| Case Number |
Constitutional Petition No.S-185 of 2008 |
| Decision Date |
Sep 15, 2008 |
| Hearing Date |
|
| Decision |
The Sindh High Court ruled in favor of the petitioner, Mst. Raffiat Tariq, granting her custody of her minor son, Ahsan, aged about 2-1/2 years. The court found that the petitioner held the right of Hizanat, which is the right of a mother to custody of her child, irrespective of her ability to provide maintenance. The court emphasized that any illegal terms agreed upon during the divorce could not supersede the law. The welfare of the minor was paramount, and the court concluded that the emotional and nurturing needs of the child would be better served in the custody of the mother. The petition was thus allowed, and the custody of the minor was handed over to the petitioner. |
| Summary |
In the case of Mst. Raffiat Tariq vs. D.P.O. Sanghar, the Sindh High Court addressed the custody rights of a mother following a divorce. The petitioner, Mst. Raffiat Tariq, sought custody of her 2-1/2-year-old son, Ahsan, claiming that he had been unlawfully detained by the respondent, Anwar Ahmed. The court examined the rights provided under the Criminal Procedure Code and the Constitution of Pakistan, particularly focusing on the right of Hizanat. This case highlights the legal protections afforded to mothers in custody disputes and the importance of considering the welfare of the child above all else. The court's decision reinforces the principle that agreed-upon terms at the time of divorce cannot violate statutory rights established for child custody. This ruling is significant in establishing precedents for future custody cases, emphasizing that the best interests of the child must always prevail. Keywords such as custody rights, Hizanat, and child welfare are crucial for understanding the implications of this ruling. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Arshad Noor Khan
|
| Lawyers |
Miss Razia Khan Bahadur,
Talib Hussain Arain,
Mumtaz Alam Leghari
|
| Petitioners |
Mst. RAFFIAT TARIQ
|
| Respondents |
D.P.O. SANGHAR,
Anwar Ahmed
|
| Citations |
2009 SLD 3259,
2009 PCRLJ 118
|
| Other Citations |
Mst. Khalida Parveen v. Muhammad Sultan Mehmood and another PLD 2004 SC 1
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973
|
| Sections |
491,
199
|