| Case ID |
2d29c756-e647-4a91-b03c-cf7171813d7f |
| Body |
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| Case Number |
Criminal Petition No. 68-K of 2002 |
| Decision Date |
Aug 16, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court allowed the appeal and set aside the judgment of the High Court which had granted custody of the minor to the father based on the mother's second marriage. The Court ruled that the mother had the right of Hizanat and could retain custody of the minor. The ruling emphasized that the High Court should not disturb custody unless the minor was in illegal or improper custody. The Court directed that the father could seek remedy under the Guardians and Wards Act if necessary. The decision underscored the importance of the welfare of the minor and that custody matters should not be resolved through summary orders if the existing custody was lawful. |
| Summary |
In the landmark case of Mst. SHAHISTA NAZ Vs MUHAMMAD NAEEM AHMED, the Supreme Court of Pakistan addressed crucial issues surrounding child custody under Islamic law and the Criminal Procedure Code. The case arose after the petitioner, Mst. SHAHISTA NAZ, lost custody of her minor child following her remarriage. The High Court had initially granted custody to the father, citing the mother's loss of her right of Hizanat due to her second marriage. However, the Supreme Court overturned this decision, emphasizing that the right of Hizanat allows a mother to retain custody regardless of remarriage, as long as the custody of the child is not illegal or improper. The Court clarified that custody disputes should be settled through the Guardians and Wards Act, advocating for the welfare of the minor as a priority. This ruling is significant in reinforcing the legal rights of mothers in Pakistan regarding child custody and the interpretation of Islamic injunctions concerning family law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SH. RIAZ AHMAD, C.J.,
MUNIR A. SHEIKH,
MUHAMMAD NAWAZ ABBASI, J.
|
| Lawyers |
Ghulam Qadir Jatoi,
A.A. Siddiqui
|
| Petitioners |
Mst. SHAHISTA NAZ
|
| Respondents |
another,
MUHAMMAD NAEEM AHMED
|
| Citations |
2004 SLD 1085,
2004 SCMR 990
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Guardians and Wards Act (VIII of 1890),
Constitution of Pakistan (1973)
|
| Sections |
491,
17,
18,
185
|