| Case ID |
381f976b-9cca-49ae-bce5-9471836e0121 |
| Body |
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| Case Number |
Civil Appeal No.23 of 2005 |
| Decision Date |
Dec 10, 2007 |
| Hearing Date |
|
| Decision |
The appeal filed by Jahanzeb Khan is dismissed, while the appeal filed by Mst. Zubaida Khanum is accepted. The custody of the minor daughters was a central issue, with the court emphasizing the welfare of the minors as paramount. The court determined that the father had not claimed custody nor was he able to provide proper care for the minor daughter, leading to the conclusion that the mother was better suited for custody. The previous decision by the Family Court was amended to grant custody of both daughters to the mother, highlighting the importance of affection and care in custody decisions. |
| Summary |
In the case of Mst. Zubaida Khanum vs. Jahanzeb Khan, the Shariat Court addressed the critical issues of guardianship and custody under the Guardians and Wards Act, 1890. The case revolved around the custody of two minor daughters following the divorce between the parents. The court underscored that the welfare of the minors is the foremost consideration in custody matters. Despite the father's natural guardian status, the court favored the mother due to her ability to provide warmth and affection, which is essential for the children's development. The decision reflects the court's commitment to ensuring the best interests of the minors, aligning with personal law guidelines while also considering the practical aspects of care. This case sets a significant precedent in family law, particularly in the context of custody disputes, emphasizing the role of the mother in nurturing and upbringing. Keywords such as guardianship, custody, family law, and welfare of minors capture the essence of this landmark ruling. |
| Court |
Shariat Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
SYED HUSSAIN MAZHAR KALEEM, J
|
| Lawyers |
Sardar Shoukat Hayat Khan for Appellant,
Sardar Nazar Muhammad Khan for Respondent
|
| Petitioners |
Mst. ZUBAIDA KHANUM
|
| Respondents |
JAHANZEB KHAN
|
| Citations |
2008 SLD 678,
2008 CLC 322
|
| Other Citations |
Not available
|
| Laws Involved |
Guardians and Wards Act, 1890,
Azad Jammu and Kashmir Family Courts Act, 1983
|
| Sections |
17,
25,
5,
14
|