| Case ID |
236206bc-7124-42e8-afdc-2cc2728fc086 |
| Body |
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| Case Number |
Writ Petition No.27257 of 2013 |
| Decision Date |
Dec 04, 2013 |
| Hearing Date |
|
| Decision |
The Lahore High Court accepted the constitutional petition filed by the petitioner against a conditional order of the Family Court which imposed visitation rights subject to the submission of surety bonds. The Court found that the requirement for sureties was arbitrary and infringed upon the fundamental rights of the father to meet his children. The decision emphasized that the Family Court's order was beyond the parties' prayers, and there was no indication that the father posed a risk of removing the minors from the jurisdiction. Consequently, the condition of submitting surety bonds was set aside, allowing the father to meet his children twice a month with prior notice to the mother. |
| Summary |
This case revolves around the custody and visitation rights of a father concerning his minor children following a dissolution of marriage. The Lahore High Court addressed the issue of a conditional visitation order imposed by the Family Court, which required the father to submit two surety bonds of Rs.10,00,000 each. The Court found this requirement to be an unlawful restriction on the father's fundamental rights. The ruling highlighted the importance of parental rights and the need for fair treatment in custody matters. The decision reaffirms the principles of guardianship and parental access under the Guardians and Wards Act, as well as constitutional protections under Article 199 of the Constitution of Pakistan. The case underscores the significance of amicable resolutions in family disputes and the role of the judiciary in safeguarding parental rights, ensuring that legal proceedings do not impose undue burdens on parents seeking to maintain relationships with their children. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD FARRUKH IRFAN KHAN, J
|
| Lawyers |
Ch. Shaukat Ali Saqib,
Aamir Iqbal Basharat
|
| Petitioners |
SHAHBAZ AFTAB KHAN
|
| Respondents |
others,
JUDGE FAMILY COURT
|
| Citations |
2014 SLD 1766 = 2014 CLC 1168
|
| Other Citations |
Brig. Muhammad Bashir v. Abdul Karim and others PLD 2004 SC 271 rel,
Dilawar Jan v. Gul Rehman and 5 others PLD 2001 SC 149 rel
|
| Laws Involved |
Guardians and Wards Act (VIII of 1890),
Constitution of Pakistan
|
| Sections |
25,
199
|