Thursday, November 19, 2009

Custody of Minor

Citation Name: PLJ 2009 Karachi High Court 47
Appelant Side: SAAD AMANULLAH KHAN
V e r s u s
Opponent Side: IVTH-SENIOR CIVIL JUDGE, (SOUTH), KARACHI
Judge Name: Khawaja Naveed Ahmad
Judgment Result:Order accordingly
Other Law Journal References: Coming Soon
----arts. 199 & 187--guardians and wards act, (viii of 1890), s. 25--custody of minor--statement of ward--validity--where children had remained under complete supervision of mother and maternal parents/relatives to the complete exclusion of father and his part of family for the last 8 to 9 years, statements of such children were a result of tutoring and brain washing--statements of such children could not be accepted.

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Citation Name: PLJ 2009 Karachi High Court 47
Appelant Side: SAAD AMANULLAH KHAN
V e r s u s
Opponent Side: IVTH-SENIOR CIVIL JUDGE, (SOUTH), KARACHI
Judge Name: Khawaja Naveed Ahmad
Judgment Result:Order accordingly
Other Law Journal References: Coming Soon
----s. 25--constitution of pakistan (1973), arts. 199 & 187--constitutional petition--custody of minor--welfare of minor--right of visitation--implementation of decision of supreme court--custody of minor children was finally decided by supreme court on the basis of a compromise filed by the parties--according to the compromise, custody of minors was handed over to their mother while their father was given a right of visitation--grievance of father of minors was that mother of minors was not complying with the decision of supreme court--validity--allegations and counter allegations both father and mother had lost sight of the fact that in ultimate result, the losers were children as their welfare was in the fact that both the parents should have an effective say in upbringing and children should be attached to both the parents--high court appointed deputy registrar (judicial) with the task to see implementation of the order in letter and spirit and either party might approach the official for its implementation--high court permitted the official so appointed to seek police aid in case the same would be required to get the order implemented--high court warned the parties concerned that nothing should be done to disobey the order and all efforts should be employed to implement the same in letter and spirit failing which high court would adopt effective measures--high court further directed deputy registrar (judicial) to take such steps to create an environment whereby children would be enabled to meet their parents smoothly--petition was disposed of.

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Displaying Results for custody of minor
Citation Name: PLJ 2009 Karachi High Court 47
Appelant Side: SAAD AMANULLAH KHAN
V e r s u s
Opponent Side: IVTH-SENIOR CIVIL JUDGE, (SOUTH), KARACHI
Judge Name: Khawaja Naveed Ahmad
Judgment Result:Order accordingly
Other Law Journal References: Coming Soon
----s. 25--constitution of pakistan, 1973--arts. 199 & 187--constitutional petition--custody of minor--visitation right--scope--law favour right of visitation of a parent to remain intact even if custody is awarded to the other parent.

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Citation Name: PLJ 2009 Cr.C 912
Appelant Side: ZOHRA HILAL
V e r s u s
Opponent Side: NOOR SAKHT SHAH etc.
Judge Name: Ghulam Mohyud Din Malik
Judgment Result:Petition dismissed.
Other Law Journal References: Coming Soon
----s. 491--nature of habeas corpus--custody of minor--elements of unlawful custody by father cannot be spelt out.

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Citation Name: PLJ 2009 Lahore High Court 356
Appelant Side: KOUSAR PERVEEN alias SHAMEEM
V e r s u s
Opponent Side: MUHAMMAD FAYYAZ and 2 others
Judge Name: S. Ali Hassan Rizvi
Judgment Result:Petition dismissed.
Other Law Journal References: Coming Soon
----art. 199--constitutional petition--custody of minors--male children was handed over to father, who was a civil servant and even educated person--application for custody to extent of the male children was accepted--appeal was dismissed--challenged through writ petition--right of custody for male minors who are above 7 years--validity--question raised through writ petition is that change of custody from mother to father shall change the scenario, and would damage the future of minors--held: civil servant being an educated person will not care for future of his minor sons for whom he was much concerned all along--right of custody for male minors who are above 7 for father is to be preferred as he is in a better position to facilitate and arrange schooling--no illegality or infirmity calling for interference in exercise of constitutional jurisdiction of high court--petition was dismissed.

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Citation Name: PLJ 2009 Lahore High Court 603
Appelant Side: NAZAN BIBI
V e r s u s
Opponent Side: ADDITIONAL DISTRICT JUDGE, JHANG and 2 others
Judge Name: Ali Akbar Qureshi
Judgment Result:Petition allowed.
Other Law Journal References: Coming Soon
----s. 12--constitution of pakistan, 1973, art. 199--constitutional petition--production of minor--interim custody--legality of--welfare of the minor girl to live with her mother due to only one reason alongwith other that minor girl was getting education and studying in class 8th--minor son was working on a tea stall--held: minor girl was living in a better atmosphere and being carefully looked after and bringing up by petitioner--conduct and behaviour with minor son was not entitled to ask for custody of the minor girl but any how father was entitled to visit the minor girl but any how father is entitled to visit the minor girl and also to pay maintenance allowance--petition was allowed.

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Citation Name: PLJ 2009 Lahore High Court 603
Appelant Side: NAZAN BIBI
V e r s u s
Opponent Side: ADDITIONAL DISTRICT JUDGE, JHANG and 2 others
Judge Name: Ali Akbar Qureshi
Judgment Result:Petition allowed.
Other Law Journal References: Coming Soon
----s. 25--constitution of pakistan, 1973, art. --constitutional petition--welfare of minor--ingredients of--age of minor girl was 13 years--minor girl was studying in class 8th--mother had no love and affection for the minor as relinquished her right of hazanat--minor was entitled to retain the custody of minor girl--application for custody of minor girl was allowed and custody of minor girl was given to father--held: only the mother can understand the requirement of age of puberty and minor girl in the 13 years age can only tell or discuss the changes in the body because of natural process, with her mother--if ingredients of the welfare of minor is counted, the important and paramount consideration is to get education for a girl who subsequently had to play the role of a mother and it is proved that the minor girl can only continue her studies while living with mother and if the custody of minor girl is disturbed or removed from the mother, it would be amount to deprive the minor girl to get education or to continue her studies, which in any case is not advisable in any society, particularly in an islamic society--further held: minor girl while appearing in a court of law has recorded her statement that the girl want to live with her mother and she also marked thumb impression on order sheet of court.

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Citation Name: PLJ 2009 Lahore High Court 688
Appelant Side: MIAN ZAMEER TUFAIL
V e r s u s
Opponent Side: AYESHA BIBI and 2 others
Judge Name: Kh. Farooq Saeed
Judgment Result:Petition dismissed.
Other Law Journal References: Coming Soon
----s. 12--constitution of pakistan, 1973, art. 199--constitutional petition against interlocutory order--interim custody to mother is un-exceptional--petition for custody of three minor daughters--minor was tender age--mother has right of "hazanat"--guardian judge granted the custody of one of the three minors to the respondent--appeal was dismissed by first appellate court was responsibility of their father, the minor--held: finding of the two forums below with respect to the interim custody to the mother is un-exceptional--it is evident from the record that father was not present in pakistan and he did not visit very often, hence, for all practical purposes the minors are not having paternal love and affection in any manner--it may be true that the respondents are living in systematic life in the house of their grand mother, but, obviously she cannot be a substitute to the mother and even father either--since the maintenance of the children was can still have the same level of the education and the treatment even while remaining under the shelter of her mother--depriving the mother from all her three children at the same time especially when she is entitled to the "hazanat", will be unfair--still further the minor is too young to be taken care of by an old lady, grand mother or by her elder sisters who also are not even in teen ages--interim custody allowed, therefore, was confirmed and the writ petition was considered without any merit--petition dismissed.

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Citation Name: PLJ 2009 Sh.C-AJ&K 30
Appelant Side: MUHAMMAD ZAMAN & others
V e r s u s
Opponent Side: AMEER HAMZA
Judge Name: Sardar M. Ashraf Khan
Judgment Result:Appeal accepted
Other Law Journal References: Coming Soon
----both the mother and the father of the minor contracted second marriage--welfare of minor--father of the child is a police employee, who by virtue of his profession is compelled to remain away from his house--in such state of affairs, the minor (female child), if given in the custody of the father, she will ultimately remain on the mercy of her step-mother, who cannot be a substitute of real mother having natural love and affection for her female child--a female child will also be happier and familiar with the company and association of her mother--appeal allowed

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Citation Name: PLJ 2009 Lahore High Court 499
Appelant Side: ZAFAR HAYAT
V e r s u s
Opponent Side: Mst. SHAMIM BIBI and 2 others
Judge Name: S. Ali Hassan Rizvi
Judgment Result:Petition dismissed.
Other Law Journal References: Coming Soon
----art. 199--constitutional petition--custody of minors--age of minors is below ten--entitlement of custody of minors--welfare of minor lay with mother--validity--when real mother is alive and father has entered into second marriage the female minors who are below ten, cannot be said to form an intelligence preference--minors were residing with step mother--paramount consideration ought to be for securing the welfare and happiness of the minors to live with the mother who in case of female is better to look after as compared to father who has entered into second marriage--held: no substitute of the real mother for her female children--no illegality in impugned order calling interference in exercise of constitutional jurisdiction of high court.

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1 comment:

  1. Can some one guide me. the minor has not been given maintenace and the defence of the father has been struck off. Now the passport office has asked for a letter from the court that the minor is with the mother Will the mother be required to file a guardian ship application or the certificate in the name of passport office be issued by the family judge presently trying the case.
    Litigant

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