| Case ID |
2a18fb5b-32c6-45f1-a08f-d11dd6767021 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.403-L of 199 |
| Decision Date |
Mar 21, 2000 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal, affirming the decision of the Lahore High Court. The court ruled that the Family Court has exclusive jurisdiction over matters related to the custody of minors under the West Pakistan Family Courts Act, 1964. The court emphasized that the jurisdiction should be determined based on the provisions of the Family Courts Act and not the Guardians and Wards Act, 1890. The court also stated that the Family Court must follow the procedure laid out in the Family Courts Rules, 1965. The case highlights the importance of adhering to statutory provisions regarding jurisdiction in custody matters. |
| Summary |
In the case of Anne Zahra vs. Tahir Ali Khilji, the Supreme Court of Pakistan addressed significant issues regarding the jurisdiction of Family Courts in matters of custody of minors. The court emphasized that under the West Pakistan Family Courts Act, 1964, Family Courts possess exclusive jurisdiction over custody cases, overriding the provisions of the Guardians and Wards Act, 1890. This ruling is crucial for ensuring that custody disputes are handled effectively within the appropriate legal framework. The court's decision underscores the necessity for clear procedural adherence, particularly in custody matters, to protect the best interests of minors. This case serves as a landmark in family law, establishing precedence for future cases involving jurisdictional disputes in custody matters. The ruling clarifies the relationship between the Family Courts Act and the Guardians and Wards Act, ensuring that custody applications are addressed within the specialized Family Court system, which is designed to handle such sensitive issues. The decision also reflects the court's commitment to upholding the rights of children and ensuring that jurisdictional matters are resolved in a manner that prioritizes their welfare. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SH. IJAZ NISAR,
CH. MUHAMMAD ARIF,
MUNIR A. SHEIKH
|
| Lawyers |
S.M. Tayyab, Senior Advocate Supreme Court,
Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner,
Syed Asghar Haider, Advocate Supreme Court,
M.A. Qureshi, Advocate-on-Record for Respondents
|
| Petitioners |
ANNE ZAHRA
|
| Respondents |
2 others,
TAHIR ALI KHILJI
|
| Citations |
2001 SLD 1625,
2001 SCMR 2000
|
| Other Citations |
Sakhawat Ali and another v. Mst. Shui Khelay PLD 1981 SC 454,
Adnan Afzal v. Capt. Sher Afzal PLD 1969 SC 187,
Ihsanur Rehman v. Mst. Najma Parveen PLD 1986 SC 14
|
| Laws Involved |
West Pakistan Family Courts Act, 1964,
Guardians and Wards Act, 1890,
West Pakistan Family Courts Rules, 1965
|
| Sections |
5,
25,
25,
6
|