| Case ID |
21d9182c-dfbd-4e3c-925f-12cdff92bf52 |
| Body |
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| Case Number |
Writ Petition No. 38-D of 1991 |
| Decision Date |
Jan 16, 1994 |
| Hearing Date |
Jan 16, 1994 |
| Decision |
The Peshawar High Court dismissed the writ petition filed by Mst. Gulzar Bibi regarding the custody of her minor granddaughter, Muniba Javed. The Court affirmed the decision of the learned Senior Civil Judge/Judge Family Court, D.I. Khan, which had returned the application for custody due to lack of territorial jurisdiction. The Court found that at the time of filing, the minor was residing with her mother, Mst. Nasrin Bibi, in Mianwali, outside the jurisdiction of the court. The Court emphasized that the application must be made to the District Court where the minor ordinarily resides, and the term 'ordinarily' implies a consistent residence rather than a temporary one. Consequently, the decision of the lower courts was upheld, and the petition was dismissed without any order as to costs. |
| Summary |
This case pertains to the custody of a minor under the Guardians and Wards Act, 1890, focusing on jurisdictional issues related to where the minor resides. The petitioner, Mst. Gulzar Bibi, sought custody of her granddaughter, Muniba Javed, after her son, Javed Muhammad, divorced his wife, Mst. Nasrin Bibi. Following the divorce, Mst. Nasrin Bibi remarried and moved to Mianwali with Muniba, leading to jurisdictional complications as the initial application for custody was filed in D.I. Khan. The High Court ruled that since the minor was living with her mother in a different jurisdiction, the application was correctly returned. This case highlights important legal principles regarding guardianship and the significance of the minor's ordinary residence in custody disputes, ensuring that custodial matters are handled in the appropriate jurisdiction to uphold the best interests of the child. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Qazi Muhammad Farooq,
Mian Shakirullah Jan
|
| Lawyers |
S. Safdar Hussain Shah,
Sanaullah Khan Gandapur
|
| Petitioners |
Mst. Gulzar Bibi
|
| Respondents |
Public in General,
Mst. Nasrin Bibi,
Abdul Majid Shah,
Syed Rasool Shah
|
| Citations |
1995 SLD 1168,
1995 CLC 1550
|
| Other Citations |
Not available
|
| Laws Involved |
Guardians and Wards Act (VIII of 1890)
|
| Sections |
9,
25
|