| Case ID |
20600eb8-2a20-41da-a576-12b806bd25ce |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 1336 of 2008 |
| Decision Date |
Jun 03, 2009 |
| Hearing Date |
Jun 03, 2009 |
| Decision |
The High Court accepted the constitutional petition, setting aside the judgments of the lower courts, which had failed to properly assess the welfare of the minor involved. The decision emphasized that the paramount consideration in custody matters is the welfare of the child, not the rights of the parents. The petitioner had shown that the minor was well-adjusted and thriving in his care, while the respondent's intentions to relocate the minor to an unfamiliar environment raised concerns about potential trauma. The Court ordered a visitation schedule to foster a bond between the minor and her mother while ensuring her stability and well-being. |
| Summary |
This case revolves around the custody of a minor child under the Guardians and Wards Act, 1890. The petitioner, SHAHRAY KHAN, contested the decision of the lower courts that granted custody to the respondent, MST. AZIZ FATIMAH. The minor, who had been living with her father, expressed a desire to remain in his care due to a lack of interaction with her mother. The High Court highlighted the importance of the child's welfare, noting that the minor appeared happy and well-adjusted. The ruling underscored that the rights of the parents should not overshadow the best interests of the child. The Court's decision included a detailed visitation schedule to promote a healthy relationship between the minor and her mother. This case serves as a significant reference for custody disputes, emphasizing the child's emotional needs and stability over parental rights. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MS. JAMILA JAHANOOR ASLAM
|
| Lawyers |
Raja Muhammad Hameed,
Raja Muhammad Iqbal,
Tariq Mehmood Butt
|
| Petitioners |
SHAHRAY KHAN
|
| Respondents |
MST. AZIZ FATIMAH AND OTHERS
|
| Citations |
2010 SLD 1558,
2010 YLR 599
|
| Other Citations |
PLD 1987 Lah. 383,
1994 MLD 796,
2000 YLR 3046,
PLD 1992 Lah. 1441
|
| Laws Involved |
Guardians and Wards Act, 1890,
Constitution of Pakistan, 1973
|
| Sections |
25,
17(3),
199
|