| Case ID |
2e6cbf80-ae24-4e99-a784-cb15896cc852 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 257 of 2014 |
| Decision Date |
Jun 03, 2015 |
| Hearing Date |
May 13, 2015 |
| Decision |
The Supreme Court upheld the decision of the Shariat Court, emphasizing that the welfare of the minor is the paramount consideration in custody disputes. The Court noted that the minor, aged 10, expressed a desire to live with his mother, which was a significant factor in the decision. The father’s claims regarding the mother’s second marriage and financial status were found insufficient to override the minor's expressed wishes and well-being. The Court directed that the father should have monthly meetings with the minor, ensuring that he maintains a relationship with both parents. The appeal was dismissed, reinforcing the principle that the welfare of the child must always come first. |
| Summary |
This case revolves around the custody of a minor under the Guardians and Wards Act, 1890. The Supreme Court of AJ&K ruled on June 3, 2015, regarding the appeal related to the custody of Qasim Saleem, a 10-year-old boy, whose parents had both contracted second marriages. The father, Raja Aftab Ahmad Khan, sought custody, arguing that the mother, Uzma Kanwal, was unfit due to her remarriage and lack of financial resources. However, the Court prioritized the child's welfare, noting that the minor expressed a clear preference to live with his mother. The ruling underlined the importance of considering the child's wishes and the overall environment provided by each parent. The decision reinforced the legal principle that financial status alone does not determine custody and emphasized that both parents have responsibilities towards their child regardless of their marital status. The case sets a precedent for future custody disputes, highlighting the need to prioritize the child's best interests above all else, making it essential reading for family law practitioners. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
RAJA SAEED AKRAM KHAN,
MOHAMMAD AZAM KHAN
|
| Lawyers |
Raja Aftab Ahmad Khan,
Sardar Muhammad Habib Zia
|
| Petitioners |
RAJA SAEED AKRAM KHAN
|
| Respondents |
UZMA KANWAL
|
| Citations |
2015 SLD 1038,
2015 YLR 2650
|
| Other Citations |
Khan Muhammad v. Mst. Surayya Bibi and others 2008 SCMR 480,
Bashir Bibi v. Ghulam Rasool and 2 others 2005 YLR 547,
Shazia Kousar v. Nisar Ahmed 2015 YLR 917,
Amar Ilahi v. Mst. Rashida Akhtar PLD 1955 Lah. 412,
Akhtar Ahmad v. Mst. Hazoor Begum PLD 1965 Kar. 65,
Mst. Razia Bibi v. Riaz Ahmed and another 2004 SCMR 821
|
| Laws Involved |
Guardians and Wards Act, 1890
|
| Sections |
25
|