| Case ID |
177c2239-e698-485d-beff-a64bbcec1ab8 |
| Body |
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| Case Number |
Civil Petition No. 1254 of 1998 |
| Decision Date |
Jan 24, 2000 |
| Hearing Date |
Jan 24, 2000 |
| Decision |
The Supreme Court of Pakistan upheld the order of the Lahore High Court, dismissing the petition filed by Zahoor Ahmad for custody of his minor son, Amir Shahzad. The Court concluded that Zahoor Ahmad, though financially stable and working abroad, was not suitable to have custody due to his absence and second marriage, which made him ill-equipped to provide proper care and supervision. The minor preferred to stay with his maternal grandparents, who had been providing adequate care and education. The interim arrangement allowing limited visitation was converted into a regular arrangement, reaffirming that the custody of Amir Shahzad would remain with the respondents. The Court emphasized the welfare and best interests of the minor in its decision, ensuring stability and proper upbringing for the child. |
| Summary |
In the landmark case of Civil Petition No. 1254 of 1998, adjudicated by the Supreme Court of Pakistan on January 24, 2000, the petitioner, Zahoor Ahmad, sought custody of his minor son, Amir Shahzad, under the Guardians and Wards Act (VIII of 1890), Section 25, and the Constitution of Pakistan (1973), Article 185(3). The Supreme Court, presided over by Justices Muhammad Bashir Jehangiri and Mamoon Kazi, meticulously reviewed the case initially brought before the Lahore High Court. Zahoor Ahmad, who had remarried and was employed abroad as a laborer in Dubai, claimed financial stability and the ability to provide better education for his son compared to the current custodial arrangement with the maternal grandparents. However, Amir Shahzad expressed a preference to remain with his maternal grandparents, citing happiness and lack of desire to move to his father's care. The Lahore High Court and the Additional District Judge of Kharian were persuaded by the minor's wishes and the grandparents' ability to provide stable supervision and education, deeming Zahoor Ahmad unfit for custody due to his physical absence and second marriage. The Supreme Court upheld the lower courts' decisions, emphasizing the child's best interests and existing familial ties. This case underscores the judiciary's focus on the welfare of minors in custody disputes, considering factors such as emotional well-being, stability, and the child's own preferences. The decision also references other relevant case law, including Mst. Surryia Bibi v. Abdur Rashid (1980 CLC 785), to reinforce the principles applied in determining the best custodial arrangement for the minor. Ultimately, the Supreme Court converted the interim visitation arrangement into a regular schedule, allowing limited interactions during specified times, thereby maintaining the existing custodial framework while recognizing the father's rights to visitation, ensuring a balanced approach to family law and child welfare. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Zahoor Ahmad,
Mst. Rukhsana Kausar,
Amir Shahzad,
Muhammad Bashir Jehangiri,
Mamoon Kazi,
Muhammad Ikram Chaudhary,
M.Q. Zaidi,
M. Bilal,
Ejaz M. Khan
|
| Judges |
Muhammad Bashir Jehangiri,
Mamoon Kazi
|
| Lawyers |
Muhammad Ikram Chaudhary, Advocate Supreme Court instructed by M.Q. Zaidi, Advocate-on-Record for Petitioner,
M. Bilal, Advocate Supreme Court instructed by Ejaz M. Khan, Advocate-on-Record for Respondents
|
| Petitioners |
ZAHOOR AHMAD
|
| Respondents |
Mst. RUKHSANA KAUSAR and 4 others
|
| Citations |
2000 SLD 1764,
2000 SCMR 707
|
| Other Citations |
Mst. Surryia Bibi v. Abdur Rashid (1980 CLC 785)
|
| Laws Involved |
Guardians and Wards Act (VIII of 1890),
Constitution of Pakistan (1973)
|
| Sections |
S.25,
Art. 185(3)
|