| Case ID |
177fc9d0-bd4b-4d20-b1e1-f0c119c41954 |
| Body |
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| Case Number |
Writ Petition No.784 of 1998 |
| Decision Date |
May 05, 2000 |
| Hearing Date |
|
| Decision |
The Peshawar High Court dismissed the writ petition of Jaffar Khan for custody of his minor son Adnan, affirming the concurrent findings of two lower courts that the welfare of the minor son lies with his mother, Mst. Shaheen. The court also accepted Mst. Shaheen's petition regarding the custody of her minor daughter, Mst. Yamna, declaring the decision of the District Judge as illegal. The court emphasized that the welfare of minors is the paramount consideration in custody matters and that both parents have contracted second marriages which does not negate the mother's right to custody under Islamic law. The High Court ruled that Mst. Shaheen, being a teacher, could provide better welfare for her daughter than the father, who also has remarried. Therefore, the custody of both minors was granted to the mother until the daughter attains puberty. |
| Summary |
In the case of Writ Petition No.784 of 1998, the Peshawar High Court addressed the complex issues surrounding child custody following divorce. The court evaluated the welfare of the minors, Adnan and Yamna, emphasizing that their best interests were paramount. The ruling reaffirmed the mother's right to custody under Islamic law, despite her second marriage, highlighting her ability to provide for her children as a teacher. The court rejected the father's claims, asserting that he could not provide a better environment than the mother. This case exemplifies the judicial approach to custody disputes in Pakistan, focusing on the welfare of children as the primary factor. Keywords include child custody, Islamic law, Peshawar High Court, guardianship, welfare of minors, custody disputes. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
NASIRUL MULK,
SHAH JEHAN KHAN
|
| Lawyers |
Nawabzada Saleem Dil Khan,
Abdus Samad Khan
|
| Petitioners |
Mst. SHAHEEN
|
| Respondents |
another,
JAFFAR KLAN
|
| Citations |
2000 SLD 2041,
2000 CLC 1627
|
| Other Citations |
PLD 1953 Lah. 73,
PLD 1956 Lah. 484,
PLD 1975 Lah. 86,
PLD 1985 Pesh. 156,
1999 SCMR 1834,
1993 CLC 2116
|
| Laws Involved |
Guardians and Wards Act (VIII of 1890),
Constitution of Pakistan (1973)
|
| Sections |
25,
199
|