| Case ID |
3737bd21-b457-4219-9362-65da2cc0604b |
| Body |
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| Case Number |
Transfer Application No. 38-C of 2017 |
| Decision Date |
Sep 19, 2017 |
| Hearing Date |
Sep 19, 2017 |
| Decision |
The petition was allowed, and the latter petition for custody of the minor titled as 'Ghulam Shabbir vs. Mst. Kausar Bibi' was withdrawn from the learned Guardian Judge, Multan, and entrusted to the learned Judge Family Court/Guardian Judge, Jahanian District Khanewal. This decision was made to ensure the welfare of the minor and to facilitate the convenience of the petitioner, who is the real mother of the minor. The court recognized that it would be inconvenient and potentially hazardous for the minor to appear before the Guardian Judge in Multan. Both parties were directed to appear before the transferee court on 03.10.2017. |
| Summary |
This case revolves around a transfer application concerning the custody of a minor, where the petitioner, Kausar Bibi, sought the transfer of a guardian petition from one family court to another for the convenience of the parties involved, particularly for the welfare of the minor. The Lahore High Court emphasized the importance of convenience in family law matters and the desirability of having related cases adjudicated in the same court to avoid conflicting judgments. This ruling aligns with the provisions of the West Pakistan Family Courts Act, 1964, particularly Section 25-A, which allows for the transfer of cases between family courts. The decision underscores the court's commitment to prioritizing the welfare of minors in custody disputes, while also addressing logistical challenges faced by the parties. The court's decision to allow the transfer reflects a broader understanding of the complexities involved in family law and the need for practical solutions that serve the best interests of children. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUJAHID MUSTAQEEM AHMED
|
| Lawyers |
Malik Nasir Javed
|
| Petitioners |
Kausar Bibi
|
| Respondents |
Ghulam Shabbir
|
| Citations |
2018 SLD 337,
2018 PLJ 360
|
| Other Citations |
2010 YLR 2568,
2010 YLR 12,
2010 YLR 1519,
2015 YLR 684
|
| Laws Involved |
West Pakistan Family Courts Act, 1964
|
| Sections |
25-A
|