| Case ID |
163f44ee-dd37-4a98-930d-2e8dd9e8b3a0 |
| Body |
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| Case Number |
C.P.No. 355 and 603 of 2013 |
| Decision Date |
Jul 24, 2014 |
| Hearing Date |
Apr 09, 2014 |
| Decision |
The court found that the welfare of the minors is paramount in custody cases. The appellate court's decision to grant custody of the male children to the father was overturned. It was determined that the children had been raised by their mother since birth, and changing their custody would harm their psychological wellbeing. The court ruled that the mother's right to custody was superior in this case, especially given that the father had contracted a second marriage. The decision emphasized that the welfare of the children must be prioritized over the parents' rights. |
| Summary |
This case revolves around the custody of minors following a divorce between Ali Akbar and Mst. Naseem. The Balochistan High Court addressed two constitutional petitions regarding the custody and maintenance of their children. The court emphasized the importance of the welfare of the children in custody disputes, ruling that the children should remain with their mother, who had been their primary caregiver since birth. The father's request for custody was denied due to his second marriage and potential negative impacts on the children's psychological health. The decision reinforces the principle that the welfare of minors takes precedence over parental rights, aligning with the provisions of the Guardians and Wards Act, 1890, and relevant family law. This ruling is significant for similar custody cases, highlighting that courts must carefully evaluate the best interests of children when determining custody arrangements. |
| Court |
Balochistan High Court
|
| Entities Involved |
|
| Judges |
MUHAMMAD NOOR MESKANZAI,
MUHAMMAD EJAZ SWATI
|
| Lawyers |
Attaullah Khan Kakar,
Muhammad Ilyas Mughal Nagi
|
| Petitioners |
,
MST. NASEEM
|
| Respondents |
,
ALI AKBAR
|
| Citations |
2015 SLD 1287,
2015 PLD 30
|
| Other Citations |
Zahoor Ahmad v. Mst. Rukhsana Kausar and 4 others 2000 SCMR 707,
Mst. Firdous Iqbal v. Shifaat Ali and others 2000 SCMR 838,
Mst. Feroze Begum v. Lt.-Col. Muhammad Hussain 1978 SCMR 299
|
| Laws Involved |
Guardians and Wards Act, 1890,
Family Courts Act, 1964,
Civil Procedure Code (V of 1908),
Constitution of Pakistan, 1973
|
| Sections |
17,
25,
5,
O.XLI,R.33,
199
|