| Case ID |
3a0164f0-a032-4e4c-bd56-beef946e62c7 |
| Body |
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| Case Number |
First Appeal No. 29 of 1958 |
| Decision Date |
Dec 11, 1958 |
| Hearing Date |
Nov 28, 1958 |
| Decision |
The Lahore High Court dismissed the appeal filed by Mst. Attiya Waris against the rejection of her application under Section 25 of the Guardians and Wards Act, seeking restoration of custody of her minor daughter, Mst. Samar Waris. The Court found that the minor was being brought up in accordance with Muslim traditions by her paternal relatives and determined that it was not in the child's best interest to be removed from their custody. The decision emphasized the paramount consideration of the minor's welfare, which was seen as being better served by her remaining with her grandparents and aunt rather than being placed in the care of her mother, who had a history of religious conversion and familial instability. The Court's ruling reflects the importance of maintaining the child's religious upbringing and the stability of her environment. |
| Summary |
The case revolves around the custody dispute concerning Mst. Samar Waris, the minor daughter of Mst. Attiya Waris, following the death of her father, Waris Sultan Khan. The mother sought to regain custody after being denied by the paternal family. The Lahore High Court, presided by Justice S. A. Mahmud, emphasized the importance of the welfare of the minor as dictated by the Guardians and Wards Act, particularly Section 25. The Court examined the circumstances under which Mst. Attiya was prevented from taking her daughter with her when she left her in-laws' home, concluding that the minor's welfare lay in her continued custody by her paternal relatives, who were providing for her upbringing in the Muslim faith. This decision illustrates the complexities of custody cases involving religious and cultural considerations, as well as the legal standards governing guardianship and custody in Pakistan. The ruling reaffirmed the principle that a child's welfare is the foremost priority in custody decisions, highlighting the significance of a stable environment and adherence to religious upbringing. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
S. A. Mahmud, Justice
|
| Lawyers |
Ghulam Abbas Jafery for Appellant,
Chiragh Din for Respondent,
Ghias Muhammad for Respondent
|
| Petitioners |
Mst. Attiya Waris
|
| Respondents |
Sultan Ahmad Khan,
Mst. Qamar Sultan,
Mst. Sultan Ahmad Khan
|
| Citations |
1959 SLD 32,
1959 PLD 205
|
| Other Citations |
Mst. Siddiq un Nisa v. Nizam ud Din Khan A I R 1932 All. 215,
Mst. Niaz Bibi v. Faz'al Ilahi P L D 1953 Lah. 442,
Maula Bakhsh v. Charuk P L D 1952 Sind 54
|
| Laws Involved |
Guardians and Wards Act, 1890
|
| Sections |
25,
17
|