1998 PLP 599 (SCMR)
Mst. HABIB‑UN‑NISA‑‑‑Petitioner Versus ADDITIONAL DISTRICT JUDGE, RAWALPINDI and 2 others‑‑‑Respondents
| Citation | 1998 PLP 599 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Irshad Hasan Khan, Nasir Aslam Zahid and Munir A. Sheikh, JJ |
| Parties | Mst. HABIB‑UN‑NISA‑‑‑Petitioner Versus ADDITIONAL DISTRICT JUDGE, RAWALPINDI and 2 others‑‑‑Respondents |
| Primary Law | Guardians and Wards Act (VIII of 1890)‑‑‑ |
Q1: What are the key laws and sections cited in 1998 PLP 599 (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 1998 PLP 599 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Irshad Hasan Khan, Nasir Aslam Zahid and Munir A. Sheikh, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 599 (SCMR) (Mst. HABIB‑UN‑NISA‑‑‑Petitioner Versus ADDITIONAL DISTRICT JUDGE, RAWALPINDI and 2 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Munir Paracha, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate‑on‑Record for Petitioner.
- Raja Muhammad Ibrahim Satti, Advocate Supreme Court and M.A. Zaidi, Advocate‑on‑Record for Respondent No.3.
- Date of hearing: 22nd January. 1998.
Headnotes / Summary
(On appeal from the judgment dated 9‑6‑1997 of the Lahore High Court, Rawalpindi Bench, Rawalpindi passed in Writ Petition No.690 of 1997). ‑‑‑‑S. 25‑‑‑Constitutuion of Pakistan (1973), Art. 185‑‑‑Custody of minor boy of 7 years of age‑‑‑All the Courts below found father to be entitled to custody of minor‑‑‑Validity‑‑‑Parties entering into agreement during pendency of petition for leave to appeal before Supreme Court whereby they settled matter of custody through mutual consent according to which minor boy would remain with mother but during long holidays he would remain with each of his parent one week alternatively while on other holidays father would take him to his house and would leave him in school on Monday or day after holiday from where his mother would pick him up after close of school‑‑‑Apart from that, father would deposit Rs.1,000 monthly in the account of mother for his maintenance‑‑‑Agreement in question, being in the welfare of minor was approved by Supreme Court‑‑‑Supreme Court converted petition for leave to appeal into appeal and disposed of the same in term of agreement/settlement of parties.
Judgment & Decree
IRSHAD HASAN KHAN, J.‑‑‑This petition for leave to appeal is directed against the judgment dated 9‑6‑1997 passed by a learned Single Judge of the Lahore High Court, Rawalpindi Bench, Rawalpindi, in Writ Petition No.690 of 1997 relating to the custody of a child. The matter involves a minor boy aged 7 years.
2. The learned Guardian Judge and the learned Additional District Judge found the father to be entitled to the custody of the minor boy. The High Court maintained the orders of the Courts below.
3. It is however, not necessary to go into the merits of the case. Suffice it to say that, due to the interest taken by Mr. Muhammad Munir Paracha, learned counsel for the petitioner and Mr. Muhammad Ibrahim Satti, learned counsel for the respondent, the parties have arrived at an amicable settlement in the following terms: We also find that the settlement is in the welfare of the minors. We accordingly approve the same. This petition is, therefore, converted into an appeal with consent of learned counsel for the parties and disposed of in terms of the above settlement with no order as to costs.
4. Before parting with this judgment, we appreciate the conduct of the parties as well as their learned counsel for arriving at amicable settlement of the dispute. The rule played by them is indeed laudable. A.A./H‑10/S Order accordingly.