| Case ID |
7386f124-64d2-48dd-9779-3386a04e21e5 |
| Body |
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| Case Number |
Civil Petition No.3801 of 2022 |
| Decision Date |
Mar 06, 2023 |
| Hearing Date |
Mar 06, 2023 |
| Decision |
The Supreme Court allowed the appeal of Shaista Habib, overturning the previous custody decisions made by the family courts. The court emphasized that the welfare of the child, Muhammad Ibrahim, is the paramount consideration in custody disputes. It was noted that the minor had expressed a clear preference to remain with his mother, indicating that he felt more comfortable and secure in her custody. The ruling highlighted that decisions regarding child custody must not only consider legal rights but also the emotional and psychological needs of the child involved. The court's decision asserted that the previous courts had failed to adequately assess the welfare of the minor, and thus the custody would remain with the mother, Shaista Habib. The court also urged both parents to amicably agree on a visitation schedule that would not compromise the welfare of the child. |
| Summary |
In the case of Shaista Habib vs Muhammad Arif Habib, the Supreme Court of Pakistan addressed the critical issue of child custody under the Guardians and Wards Act, 1890. The case revolved around the custody of Muhammad Ibrahim, a minor, amidst a tumultuous divorce and subsequent custody battle that began in 2017. The court emphasized the importance of the child's welfare and best interests in determining custody arrangements. The court found that the previous judgments failed to consider key factors affecting the child's emotional and psychological well-being. The ruling underscored that a child's preference, especially when they are mature enough to express their feelings, should be a significant factor in custody decisions. This case sets a precedent for future custody disputes, prioritizing the child's welfare over rigid legal interpretations. The decision reflects a growing recognition in legal settings of the need for a child-centric approach in custody cases, which is crucial for their development and emotional stability. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Amin-ud-Din Khan,
Athar Minallah
|
| Lawyers |
Raja Muhammad Sattar
|
| Petitioners |
SHAISTA HABIB
|
| Respondents |
others,
MUHAMMAD ARIF HABIB
|
| Citations |
2024 SLD 4810,
2024 PLD 629
|
| Other Citations |
Malik Khizar Hayat Khan Tiwana and another v. Mst. Zainab Begum and others PLD 1967 SC 402,
Mst. Rubia Jilani v. Zahoor Akhtar Raja and others 1999 SCMR 1834,
Mst. Zahida Kiani and another v. Capt. (Rtd.) Shahid Ali Khan 1993 SCMR 2303,
Mst. Nighat Firdous v. Khadim Hussain 1998 SCMR 1593,
Mst. Feroze Begum v. Lt.Col. Muhammad Hussain 1983 SCMR 606,
Mst. Beena v. Raja Muhammad and others PLD 2020 SC 508,
Bashir Ahmed v. Incharge (Female) Darulaman, Mianwali and others 2011 SCMR 1329,
Raja Muhammad Owais v. Mst. Nazia Jabeen and others 2022 SCMR 2123,
J. v. C. 1970 (H.L. (E.) 668
|
| Laws Involved |
Guardians and Wards Act, 1890
|
| Sections |
25,
17
|