| Case ID |
f78ea026-9a4c-4960-b550-024a6f27913f |
| Body |
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| Case Number |
C.P. No. S-279 of 2008 |
| Decision Date |
Jul 29, 2008 |
| Hearing Date |
Jul 15, 2008 |
| Decision |
The Sindh High Court upheld the petitioner's right to visitation with his children as per the Supreme Court's compromise agreement dated 18-6-1996. The court emphasized the welfare of the children, indicating that both parents should have a role in their upbringing. The court ordered that the visitation rights be implemented in a structured manner, allowing the petitioner to meet his children under the supervision of a Deputy Registrar. The court also made provisions for police assistance if necessary to ensure compliance with the order. The ruling highlighted the importance of maintaining the children's relationship with their father, despite ongoing disputes between the parents. The decision was aimed at creating a conducive environment for the children to interact with both parents, stressing that any allegations against the petitioner regarding abuse were not substantiated and appeared to be influenced by the mother. |
| Summary |
In the case of C.P. No. S-279 of 2008, the Sindh High Court dealt with a complex custody and visitation dispute involving the petitioner, SAAD AMANULLAH KHAN, and the respondents, including IVTH SENIOR CIVIL JUDGE, Karachi. The court's decision revolved around the interpretation and enforcement of a prior Supreme Court order from 1996 that granted visitation rights to the petitioner. The court noted the importance of the children's welfare and emphasized that both parents should play an active role in their upbringing. The ruling reiterated that the law favors the right of visitation, even if custody is awarded to one parent. The court ordered structured visitation under the supervision of a Deputy Registrar and permitted police assistance for enforcement. The decision reflects a growing awareness of children's rights in custody disputes and the need for both parents to be involved in their lives. Keywords: custody, visitation rights, children's welfare, Supreme Court, Sindh High Court, Guardians and Wards Act. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
KHAWAJA NAVEED AHMAD, J
|
| Lawyers |
Dr. Muhammad Farogh Naseem,
Nemo,
Haider Waheed
|
| Petitioners |
SAAD AMANULLAH KHAN
|
| Respondents |
Respondent No. 1,
Respondents Nos. 2, 3 and 4,
IVTH SENIOR CIVIL JUDGE, (SOUTH), Karachi
|
| Citations |
2008 SLD 2734,
2008 PLD 499
|
| Other Citations |
Khushi Muhammad v. I.-G. Police 1999 SCMR 2868,
Umer Gul v. GOS 2007 YLR 3191,
Nemat Ullah Qureshi v. Mst. Bilqis Sitara PLD 1973 Lah. 442,
Mrs. Parveen v. Kh. Muhammad Ashar PLD 1975 Lah. 334,
Ghulam Sakina v. Ghulam Abas PLD 1978 Lah. 1389,
Sardar Hussain v. Mst. Parveen Umer PLD 2004 SC 357,
Mst. Nighat Firdous v. Khadim Hussain 1998 SCMR 1593,
Syed Maqsood Ali v. Sofia Naushaba 1986 SCMR 427,
Mst. Hameed Mai v. Irshad Hussian PLD 2002 SC 267,
Zainab Bibi v. Rehmat Ali 1994 MLD 1098,
Tassadiq Hussian Shah v. Surraya Begum 1980 CLC 1802,
Nazir Ahmad v. Additional District Judge, III, Sahiwal 1988 SCMR 1359,
Farah Waqar v. Waqar Ahmad Khan 2000 YLR 3046,
Barkat Bibi v. Zahida Parveen 2003 YLR 1105,
Kaniz v. Noor Muhammad 1991 CLC Note 148,
Surraya Begum v. Tassadiq Hussain Shah 1980 CLC 1955,
2007 MLD 658,
1988 CLC 2196
|
| Laws Involved |
Constitution of Pakistan (1973),
Guardians and Wards Act (VIII of 1890)
|
| Sections |
199,
187,
25
|