| Case ID |
d2658614-40c3-4b7b-8ab0-09419526df6c |
| Body |
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| Case Number |
Civil Petition No.218 of 1989 |
| Decision Date |
Mar 14, 1989 |
| Hearing Date |
Mar 14, 1989 |
| Decision |
The Supreme Court dismissed the petition for leave to appeal, affirming the decisions of the lower courts regarding the custody of the minor, Nazimur Rehman. The Guardian Judge's order, which granted custody to the mother after considering the evidence, was upheld by the Additional District Judge and confirmed by the High Court in its constitutional jurisdiction. The High Court emphasized the welfare of the minor as the paramount consideration, in accordance with Muslim Personal Law. The Supreme Court found no illegality in the decisions of the lower courts, leading to the dismissal of the petition. |
| Summary |
In the landmark case of Civil Petition No.218 of 1989, the Supreme Court of Pakistan addressed critical issues regarding child custody under the Guardians and Wards Act and constitutional provisions. The court reaffirmed the importance of the child's welfare, a principle rooted in both statutory law and Islamic jurisprudence. The case involved the custody of Nazimur Rehman, with the Guardian Judge initially granting custody to the mother. This decision was subsequently upheld by both the Additional District Judge and the High Court, illustrating a consistent judicial approach prioritizing the minor's best interests. The Supreme Court's ruling on March 14, 1989, further solidified the legal framework surrounding guardianship and custody disputes in Pakistan, emphasizing the necessity of a thorough evidential examination before any custody determination. This case remains pivotal for family law practitioners and advocates, as it underscores the judiciary's role in safeguarding children's rights and welfare. The decision reflects a broader commitment to uphold legal standards that align with societal values and religious principles, making it a significant reference point for future cases. Keywords: custody law, child welfare, guardianship, Supreme Court of Pakistan, family law, Islamic law, legal principles. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
GHULAM MUJADDID,
SAAD SAOOD
|
| Lawyers |
Q. M. Salim, Advocate Supreme Court,
Tanvir Ahmad, Advocate-on-Record
|
| Petitioners |
another,
ATTAUR REHMAN
|
| Respondents |
another,
Mst. AZRA BIBI
|
| Citations |
1989 SLD 1679,
1989 SCMR 1426
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Guardians and Wards Act (VIII of 1890)
|
| Sections |
185(3),
17
|