| Case ID |
e309f0b2-290e-48a2-854e-50cc7bcade11 |
| Body |
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| Case Number |
Criminal Revision No.185 of 2012 |
| Decision Date |
Jul 18, 2012 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the revision petition filed by Mst. Samreen Fatima against the order of the Additional Sessions Judge Rawalpindi, which had dismissed her application under section 491 of the Criminal Procedure Code for the recovery of her minor son. The court found that the custody of the child had been given to the father, Ali Imran, as part of a compromise reached between the parties. The court noted that the mother had entered into a second marriage, which under the law, disqualified her from claiming custody. The decision emphasized the importance of adhering to legal procedures and the implications of previous agreements between the parties regarding custody. |
| Summary |
This case revolves around a habeas corpus petition filed by Mst. Samreen Fatima for the recovery of her minor son, Abdul Saim Ali, from his father, Ali Imran. The Lahore High Court examined the circumstances leading to the custody arrangement, which had been settled through a compromise. The court highlighted the legal principles governing custody under the Guardians and Wards Act and the implications of the mother's second marriage on her custodial rights. This case underscores the importance of following legal protocols in custody disputes and the weight of agreements made by the parties involved. The ruling reiterates that custody decisions must consider the welfare of the child while adhering to the law, and emphasizes the need for proper legal channels in resolving such disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED IFTIKHAR HUSSAIN SHAH, J
|
| Lawyers |
Muhammad Faiz Ahmad Cheema
|
| Petitioners |
Mst. SAMREEN FATIMA
|
| Respondents |
STATION HOUSE OFFICER, POLICE STATION CHOUNTRA,
Ali Imran
|
| Citations |
2013 SLD 905,
2013 PCRLJ 200
|
| Other Citations |
Iffat Mir v. Mobeen Qasim Mir 1991 PCr.LJ 2372,
Rubina Ali v. Rafaqat Ali and others 1997 MLD 2066,
Mst. Shehnaz Bibi v. Muhammad Akram and others 1995 PCr.LJ 307,
Mst. Dilbar Jan v. Khan Muhammad 1992 PCr.LJ 683,
Saadia Ahmed v. The State and 3 others 1996 MLD 30,
Mst. Hameed Mai v. Irshad Hussain PLD 2002 SC 267
|
| Laws Involved |
Criminal Procedure Code,
Guardians and Wards Act
|
| Sections |
491,
25
|