| Case ID |
42fdcd75-d7ad-440e-8994-85ca6f2581a0 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No. 53-K of 198 |
| Decision Date |
Jan 31, 1988 |
| Hearing Date |
Jan 31, 1988 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal from the judgment of the Sind High Court. The trial court had appointed the paternal grandmother as guardian of the minors, but the District Judge upheld that the custody of the eldest minor should not be disturbed, while the custody of the two younger minors should be returned to their mother. The High Court declined to interfere with the findings of fact recorded by the subordinate court, emphasizing that there was no jurisdictional error present. The mother had not proven any disqualifying conditions that would undermine her right to custody, and thus, the High Court's ruling was upheld. |
| Summary |
In the case of Mst.AZIZ KHATOON vs. Mst.ZUBAIDA KHANUM, the Supreme Court of Pakistan examined issues surrounding guardianship and custody of minors under the Guardians and Wards Act, 1890. The case arose following the death of Sikandar Ali Khan, leading to a dispute between his widow, Mst.ZUBAIDA KHANUM, and his mother, Mst.AZIZ KHATOON, over the custody of their three children. The initial trial court appointed the grandmother as guardian, but upon appeal, the District Judge ruled that the custody of the eldest child should remain unchanged while the younger children should be returned to their mother, citing their tender ages and need for maternal care. The Supreme Court upheld this decision, emphasizing the importance of the welfare of the children and the lack of evidence against the mother regarding her fitness for custody. This case highlights the judicial approach to custodial rights under Islamic law, particularly the rights of mothers, and underscores the principle that the welfare of minors is paramount in custody disputes. The ruling reinforces the legal standards set forth in previous judgments regarding guardianship and the custody of minors. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
S. A. NUSRAT,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
|
| Petitioners |
,
Mst.AZIZ KHATOON
|
| Respondents |
Mst.ZUBAIDA KHANUM
|
| Citations |
1988 SLD 2336,
1988 SCMR 832
|
| Other Citations |
Sher Ahmad v. Mst. Zubeda Bibi N L R 1984 S C J 182,
Haji Abdul Rahim v. The District Judge, Lahore 1987 SCMR 1414,
Muhammad Rashid Khan v. Ch.Saeed Akhtar 1987 SCMR 441,
Principles of Muhammadan Law by Mulla, 5.355, 7th Edn.
|
| Laws Involved |
Guardians and Wards Act, 1890,
Constitution of Pakistan, 1973
|
| Sections |
10,
25,
199
|