| Case ID |
31a90bde-46c5-446c-b3e8-9a5a0bb64dd3 |
| Body |
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| Case Number |
Civil Petition No. 280-K of 1986 |
| Decision Date |
Aug 13, 1986 |
| Hearing Date |
Aug 13, 1986 |
| Decision |
The Supreme Court of Pakistan ruled on a guardianship matter involving the custody of a minor. The trial court had initially granted the father temporary custody of the child on Fridays for six hours. However, upon appeal, the appellate court modified this arrangement, reducing the custody time to three hours. The Supreme Court found no grounds for interference with the appellate court's decision but maintained that the order would be subject to the condition that the father of the respondent furnishes a personal bond of Rs. 1,00,000 for the safe return of the minor to the petitioner. The petition was thus converted into an appeal and was allowed in accordance with these conditions. |
| Summary |
In the case of Mst. Naushaba v. Dr. Nasim, the Supreme Court of Pakistan addressed a critical issue regarding the custody of a minor child. The court examined the provisions of the Guardians and Wards Act, 1890, particularly Section 12, which governs the custody arrangements for minors. The decision emphasized the importance of ensuring the child's welfare while balancing the rights of both parents. The court's ruling highlighted the necessity for the father to provide a personal bond to ensure the child's safe return, demonstrating the court's commitment to protecting the interests of minors in custody disputes. This case serves as a precedent for future guardianship matters and underscores the judicial approach to resolving family law issues. Keywords such as 'guardianship law', 'custody of minors', 'Pakistan family law', and 'Supreme Court decisions' are essential for understanding the implications of this ruling. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
S.A. NUSRAT,
ZAFFAR HUSSAIN MIRZA, JJ
|
| Lawyers |
Akhlaq Ahmad Siddiqui, Advocate Supreme Court,
Muzaffar Hassan, Advocate-on-Record
|
| Petitioners |
Mst. NAUSHABA
|
| Respondents |
others,
Dr. NASIM
|
| Citations |
1987 SLD 1688,
1987 SCMR 974
|
| Other Citations |
Not available
|
| Laws Involved |
Guardians and Wards Act, 1890,
Constitution of Pakistan, 1973
|
| Sections |
12,
185(3)
|