| Case ID |
31b5972a-06d6-4be8-ad67-4d07cbd39c23 |
| Body |
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| Case Number |
W.P. No. 3109-H of 2024 |
| Decision Date |
May 02, 2024 |
| Hearing Date |
May 02, 2024 |
| Decision |
The court granted interim custody of the minor Muhammad Shahzain to the petitioner, mother Sadia Aziz, emphasizing the mother's preferential right for custody under the law. The court noted that the minor, being less than two years old, requires the care and nurturing that only a mother can provide. The order is subject to final determination by the Guardian Court regarding the custody rights and visitation of the minor. The court highlighted that the mother's previous waiver of her right to custody has no binding force in law, thus allowing her to reclaim the right of hizanat. The decision underscores the importance of maternal care and the legal principles governing child custody in cases of separation. |
| Summary |
In the case of W.P. No. 3109-H of 2024, the Lahore High Court, Bahawalpur Bench, addressed the urgent matter of child custody involving the minor Muhammad Shahzain. The petitioner, Sadia Aziz, sought custody after being expelled from the marital home by the respondent, Zain-ul-Abideen, the child's father. The court ruled in favor of the mother, recognizing her preferential right to custody under the Criminal Procedure Code and the Constitution of Pakistan. The ruling emphasized that the child, being of tender age, requires the nurturing environment provided by the mother. The decision is significant in highlighting maternal rights in custody disputes, especially when the child is under two years old. The court's order for interim custody is designed to ensure the child's welfare while the Guardian Court continues to deliberate on the final custody arrangement. This ruling aligns with recognized principles in Muslim law, particularly concerning the right of hizanat. The case is a pivotal reference for similar child custody disputes, reinforcing the legal framework surrounding the protection of minors' rights and the responsibilities of parents post-separation. |
| Court |
Lahore High Court, Bahawalpur Bench
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Amjad Rafiq
|
| Lawyers |
Mr. Muhammad Ajmal Khan Bhutta,
Mr. Zafar Iqbal Awan,
Sardar Basit Khan Baloch,
Nazar Aslam,
Ms. Mehreen Riaz
|
| Petitioners |
SADIA AZIZ
|
| Respondents |
DPO etc.
|
| Citations |
2024 SLD 4553,
2024 PLJ 413
|
| Other Citations |
PLD 2024 SC 291,
PLD 2006 SC 533
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973
|
| Sections |
492,
491,
199
|