1996 PLP 1121 (SCMR)
Mst. NIGHAT FIRDAUS‑‑‑Petitioner Versus KHADIM HUSSAIN‑‑‑Respondent
| Citation | 1996 PLP 1121 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saleem Akhtar, Saiduzzaman Siddiqui and |
| Parties | Mst. NIGHAT FIRDAUS‑‑‑Petitioner Versus KHADIM HUSSAIN‑‑‑Respondent |
| Primary Law | Guardians and Wards Act (VIII of 1890)‑‑‑ |
Q1: What are the key laws and sections cited in 1996 PLP 1121 (SCMR)?
This judgment primarily cites: Guardians and Wards Act (VIII of 1890)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996 PLP 1121 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saleem Akhtar, Saiduzzaman Siddiqui and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996 PLP 1121 (SCMR) (Mst. NIGHAT FIRDAUS‑‑‑Petitioner Versus KHADIM HUSSAIN‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Inamul Haq, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate‑on‑Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 26th April, 1994.
- Mian Inamul Haq, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioner.
- We have heard Mian Inamul Haq, Advocate for the petitioner and have perused the record of the case with his assistance.
Headnotes / Summary
(On appeal from the judgment, dated 31st January, 1994 of the Lahore High Court, Rawalpindi Bench, Rawalpindi in Writ Petition No. 793 of 1993). ‑‑‑‑S.25‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Custody of minor boy‑‑ Minor remaining in custody of his maternal aunt after death of his mother for his father could not look after him properly‑‑‑Father himself allowed custody of minor with his maternal aunt and agreed never to claim him in future‑‑‑Father, thereafter, re‑married and a son was born to him through his second wife‑‑ Maternal aunt had also married and has a daughter‑‑‑Entitlement to custody of minor‑‑‑Contest between father and maternal aunt‑‑‑Courts below including High Court had directed custody of minor to .be with the father‑‑‑Validity‑‑ Minor had been under care and custody of his maternal aunt since the death of his mother‑‑‑Only ground agitated by father was that minor having attained age of seven years, he was entitled to his custody as of right‑‑‑Determining factor regarding custody of minor in peculiar facts and circumstances would be his welfare‑‑‑Leave was granted to consider whether it would be in the interest of minor to remain in custody of maternal aunt or he should be given in custody of his father.
Judgment & Decree
WALI MUHAMMAD KHAN, J.
Mst. Nighat Firdaus (petitioner herein) calls in question the judgment, dated 31st January, 1994 passed by a learned Single Judge of the Lahore High Court; whereby, the Writ Petition No.793 of 1993 filed by petitioners, was dismissed. Brief facts of the case are that Adnan Khadim, minor son of the respondent Khadim Hussain, remained in the care of the petitioners Mst. Nighat rtrdaus since the year 1983 when his mother died and his father could not properly look after him. He executed an agreement, dated 1st September, 1983 whereby he allowed the custody of the minor with the petitioner and agreed not to claim him in future. He re-married in 1985 as per copy of the Nikahnama, available on the paper book, and a son was born to him from the second wife. It is also not disputed that the petitioner has also married and has a daughter. The respondent filed application under section 25 of the Guardians and Wards Act for the custody of the minor before the Guardian Judge which was resisted by the petitioner. After recording necessary evidence in the case the learned Senior Civil Judge accepted the petition and directed the petitioner to hand over the custody of the minor to the respondent. This order was, however, set aside in appeal by the learned Additional District Judge, and the case was remanded to the trial Court for recording the choice of the minor. The remand order was complied with and the minor expressed his willingness to remain to the custody of Mst. Nighat Firdaus petitioner. Still the learned trial Court did not consider it proper to allow the minor to remain in the custody of his maternal aunt and directed the petitioner to hand over the custody of the minor to his father. Appeal against it was also dismissed and so was the writ petition through the impugned order. We have heard Mian Inamul Haq, Advocate for the petitioner and have perused the record of the case with his assistance. As stated above the minor had been under the care of the petitioner since the death of his mother. The only ground agitated by the respondent is that after attaining the age of seven years he is entitled to the custody of the minor as of right. In the peculiar facts and circumstances of the case the determining factor regarding the custody of the minor is his welfare. Leave is granted to consider; whether, it will be in the interest of the minor to remain in the custody of petitioner or he should be given in the custody -of his father. A.A./N.409/S Leave granted.