| Case ID |
32338768-aeb3-498c-97cb-3b535138425b |
| Body |
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| Case Number |
W.P. No. 1973-H of 2017 |
| Decision Date |
Feb 15, 2017 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled in favor of the petitioner, Azra Rani, allowing her constitutional petition for the recovery of her minor child, Muhammad Rehan Khan, aged 2 years, from the custody of Respondent No. 3. The court found that the minor's welfare was best served in the care of his mother, highlighting that the Guardian Court had previously determined custody and lacked jurisdiction to review its own order without lawful justification. The court emphasized the tender age of the minor and dismissed the concerns raised by Respondent No. 3 regarding potential relocation to the UAE. The court directed that the interim custody of the minor child be granted to the petitioner, affirming her status as the natural guardian. |
| Summary |
In this landmark case adjudicated by the Lahore High Court, the petitioner, Azra Rani, sought the recovery of her minor child, Muhammad Rehan Khan, from the custody of Respondent No. 3. The case revolved around the interpretation of constitutional rights under Article 199 and provisions under the Criminal Procedure Code. The court emphasized the importance of the child's welfare, particularly considering his young age of 2 1/2 years. The ruling underscored the significance of the Guardian Court's previous decision which favored the mother’s custody and reiterated that any reassessment of custody must be justified by law. This decision highlights the court's commitment to protecting the rights of natural guardians and the paramount importance of the minor's best interests in custody disputes. Keywords: Lahore High Court, custody of minor, Azra Rani, Muhammad Rehan Khan, constitutional rights, welfare of minor, Guardian Court, legal precedent. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ASJAD JAVAID GHURAL, JUSTICE
|
| Lawyers |
Hafiz Muhammad Abu Bakar Ansari, Advocate,
Sheikh Jamshed Hayat, Advocate
|
| Petitioners |
AZRA RANI
|
| Respondents |
A.S.J, ETC.
|
| Citations |
2019 SLD 120,
2019 PLJ 5
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Criminal Procedure Code (V of 1898)
|
| Sections |
199,
491
|