| Case ID |
21435749-133b-497a-a478-6fabebede7b6 |
| Body |
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| Case Number |
Writ Petition No. 12888 of 1993 |
| Decision Date |
Nov 30, 1993 |
| Hearing Date |
Nov 30, 1993 |
| Decision |
The petition was dismissed on the grounds that it was not in the welfare of the minor for the petitioner to have visitation rights, given her character and past involvement in a Hudood case. The court upheld the previous decisions of the Guardian Judge and the appellate court, reinforcing that the welfare of the minor was paramount. The court noted that the minor, being ten years old, should not be subjected to potential psychological harm by allowing the petitioner access. The appeal process and the dismissal of the application for visitation were deemed appropriate by the judges involved, as they considered all relevant factors, including the well-being of the minor and the mother's past behavior. |
| Summary |
This case revolves around the custody and visitation rights of a minor under the Guardians and Wards Act (VIII of 1890). The Lahore High Court addressed a petition by Mst. Shamshad Parveen, who sought to visit her son, Nasir Iftikhar. The court found that allowing such visitation was not in the child's best interests, considering the mother's criminal past and the existing custody arrangements. The decision highlighted the importance of the child's welfare in custody disputes and reaffirmed previous rulings that favored the father’s custody. This case underscores the complexities of family law and the critical evaluation of parental fitness in determining custody and visitation rights. Keywords include custody of minors, visitation rights, Guardians and Wards Act, Lahore High Court, family law, and child welfare. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
LHSAN-UL-HAQ CHAUDHRI, J
|
| Lawyers |
Shahid Hussain Kadri for Petitioner,
Abdul Hafeez for Respondents
|
| Petitioners |
Mst. SHAMSHAD PARVEEN
|
| Respondents |
IFTIKHAR AHMAD and others
|
| Citations |
1994 SLD 1238 = 1994 CLC 525
|
| Other Citations |
Mst. Imtiaz Begum v. Sheikh Azmat Ullah PLD 1959 (W.P.) Lah. 750,
Mst. Zahran v. Imar Draz and others (1993 CLC 907)
|
| Laws Involved |
Guardians and Wards Act (VIII of 1890)
|
| Sections |
25
|