Find a Lawyer

MST. HIFSA NASEER versus A.D J. GUJAR KHAN

17 Sections 17 and 25 minor custody of minor minor - Scope - The mother of the minor transferred the request for custody of the minor daughter, which was accepted at the same time the minor's mother was detained for second marriage Deported. The important thing in this case in relation to the custody of the juvenile was that it was the welfare of the minor of the mother of a child who had natural affection and love for her children which had no alternative company Needs to prepare it for future responsibilities. In case of marrying an unborn child within the prohibited degree, the mother would lose her basic prerogative rights but this was not a precise rule minor Decision to question the custody of the mother due to the welfare of the minor. Will play an important role in Second marriage - father unwilling to gain custody of minor real In the presence of a real mother, a minor may never be detained - Mother and father's second marriage - Deciding the fate of the custody of the mother or the father's second marriage The truth could not be, but it was the well-being of the minor that prevailed over all other people (reservations below. Both courts were upset. For minor reasons, the detention of the juveniles below. Imported orders passed by the following courts are illegal and illegal by the High Court Dismissed - Submission by Granny Mom - Constitutional Petition Permitted Conditions [pp 155, 156, 157, 158, 159] A, B, C, D, E & G

P L D 2017 Lahore 153

Before Mirza Viqas Rauf, J

Mst. HIFSA NASEER— Petitioner

versus

A.D J. GUJAR KHAN and 3 others—Respondents

Writ Petition No.3149 of 2014, decided on 30th June, 2016.

(a) Guardians and Wards Act (VIII of 1890)—

—Ss. 17 & 25—Custody of minor-—Welfare of minor—Scope— Paternal grand-mother of minor moved application for custody of minor daughter which was accepted concurrently—Mother of minor daughter was disentitled from the custody due to her second marriage— Validity—Paramount consideration in the matter with regard to custody of minor was the welfare of minor—Mother of a child had natural love and affection for her children having no substitute—Daughter required company and association of her mother for preparing her to shoulder responsibilities in future—Mother would lose her preferential right of custody in case she married a person not related to the child within the prohibited degree but this was not an absolute rule—Welfare of minor would play pivotal role in deciding the question of custody of minor albeit mother had contracted second marriage—Father was not willing to obtain the custody of minor—Custody of minor in presence of real mother could never be handed over to the paternal grand-mother— Second marriage of mother or father could not be sole fact to decide the fate of custody of minor rather it was the welfare of minor which would prevail upon all other (considerations—Both the courts below had disturbed the custody of minor on extraneous reasons—Courts below hod mis-read the material piece of evidence—Impugned orders Passed by the courts below were set aside by High Court being illegal and unlawful—Petition by the grand-mother was dismissed—Constitutional petition was allowed in circumstances. [pp. 155, 156, 157, 158, 159] A, B, C, D, E & G

Shabana Naz v. Muhammad Saleem 2014 SCMR 343; Mehmood Akhtar v. District Judge, Attock and 2 others 2004 SCMR 1839 and Mst. Gulnaz Bibi v. Faraqat Ali Shah and another PLD 2000 Pesh. 23 rel.

(b) Constitution of Pakistan—

—Art. 199—Constitutional jurisdiction of High Court-Scope—High Court to curb any illegality or perversity in the proceedings of courts below floating on the surface of record while exercising constitutional jurisdiction. [p. 159] F

Raja Farrukh Arif Bhatti for Petitioner.

Raja Muhammad Jawwad Arsalan for Respondent No.3.

Mehnaz Begum for Respondent No.4.

Date of hearing: 23rd June, 2016.

online advocate from Eminabad lawyer