| Case ID |
f9301ed3-981e-487d-91a1-d5f907b54eef |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No. 37-R of |
| Decision Date |
Jun 01, 1988 |
| Hearing Date |
May 31, 1988 |
| Decision |
The Supreme Court of Pakistan ruled that the proceedings under the Guardians and Wards Act and Criminal Procedure Code are distinct and do not overlap. The High Court's order granting custody of the minors to the respondent until they attain puberty was set aside as it exceeded the jurisdiction of Section 491 of the Criminal Procedure Code. The case emphasized the need for proceedings under the Guardians and Wards Act to determine custody based on the welfare of the minors. The court directed that the final custody determination should be made under the appropriate jurisdiction, and the interim custody arrangement was to remain intact until a conclusive decision was reached in the pending cases. |
| Summary |
In the case of Muhammad Javed Umrao vs. Miss Uzma Vahid, the Supreme Court of Pakistan examined the jurisdiction of the Guardians and Wards Act, 1890, and the Criminal Procedure Code, 1898, regarding custody of minors. The petitioner, a father, sought to appeal a High Court decision that granted custody of his daughters to his ex-wife, the respondent. The court clarified that while both legal frameworks serve different purposes, they can intersect in custody matters. The ruling underscored the importance of ensuring the welfare of minors and maintaining proper jurisdiction in family law cases. The decision stressed that the High Court's previous directive overstepped legal bounds by establishing a long-term custody arrangement under a procedural rule that was not meant for such determinations. Consequently, the Supreme Court directed that custody issues should be resolved in accordance with the Guardians and Wards Act, emphasizing that the welfare of minors remains paramount in all custody disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C. J.,
SHAFIUR RAHMAN,
USMAN ALI SHAH
|
| Lawyers |
Abdul Basit, Advocate,
Sheikh Shaukat Ali, Senior Advocate,
Aitzaz Ahsan, Advocate
|
| Petitioners |
MUHAMMAD JAVED UMRAO
|
| Respondents |
Miss UZMA VAHID
|
| Citations |
1988 SLD 2832,
1988 SCMR 1891
|
| Other Citations |
P L D 1970 Azad JK 13,
P L D 1987 Kar. 239,
1968 P Cr.L J 1090,
P L D 1984 SC 95,
P L D 1968 Lah. 97,
1979 P Cr.L J 598,
P L D 1972 S C 6,
P L D 1965 (W.P.) Lah. 695,
1968 SCMR 845,
P L D 1976 S C 298,
1973 P Cr. L J (Kar.) 98,
1983 P Cr.L J 1470,
1985 P Cr.L J 1469,
1979 P Cr.L J Note 151 at 96,
1984 P Cr.L J 1047,
1977 P Cr.L J 800,
1984 P Cr.L J 2582,
P L D 1969 Pesh. 62,
P L D 1970 S C 75,
1972 P Cr.L J 351,
P L D 1977 Kar. 469,
P L D 1967 S C 402,
1981 SCMR 301,
P L D 1969 S C 187
|
| Laws Involved |
Guardians and Wards Act, 1890,
Criminal Procedure Code (V of 1898)
|
| Sections |
7,
12,
491
|