1997 PLP 197 (MLD)
AFSHAN NAUREEN‑‑Petitioner Versus NADEEM ABBAS SHAH‑‑Respondent
| Citation | 1997 PLP 197 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Khalil‑ur‑Rehman Ramday, J |
| Parties | AFSHAN NAUREEN‑‑Petitioner Versus NADEEM ABBAS SHAH‑‑Respondent |
Q1: What are the key laws and sections cited in 1997 PLP 197 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997 PLP 197 (MLD)?
The case was heard and decided by the Lahore bench comprising: Khalil‑ur‑Rehman Ramday, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997 PLP 197 (MLD) (AFSHAN NAUREEN‑‑Petitioner Versus NADEEM ABBAS SHAH‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Muhammad Ramzan Khalid for Petitioner.
- Zafar Hussain for Respondent.
- Date of hearing: 25th June, 1996.
Headnotes / Summary
Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑S. 491‑‑‑Habeas corpus petition‑‑‑Custody of minor‑‑‑Previous agreement regarding custody of minor between the parents could not be a valid agreement enforceable at law because welfare of minor in such like matters was of paramount importance and the conduct of parents was a secondary consideration‑‑‑Minor who was one and a half years old was directed to be handed over to the petitioner (mother) in view of his small age under a temporary arrangement subject to final determination of the right of Hizanat by the Guardian Court. Fauzi Zafar, Asstt. A.‑G. for the State.
Judgment & Decree
Fauzi Zafar, Asstt. A.‑G. for the State. Date of hearing: 25th June, 1996. Nadeem Abbas respondent has been produced in custody alongwith Shahzaib minor who is about one and a half years old.
2. The petitioner and the said respondent are separated from each other although the divorce had not yet taken place. It also transpires that on an earlier occasion i.e. on 18‑4‑1995, Mst. Afshan Naureen petitioner had filed an application seeking custody of Shahzaib minor but had permitted the said application to be dismissed for non‑prosecution on account of a compromise which had taken place between the parties about 20 days back. Nadeem Abbas respondent submits that it was as a result of this compromise that the minor had been left with him in his custody.
3. It is an established principle of law that an agreement with respect of the custody of minor was not a valid agreement which was enforceable at law. The submission of the learned counsel for the respondent‑father that the petitioner had on an earlier occasion approached the learned Guardian's Court in respect of the guardianship of the said minor but had not pursued the said remedy, is also not a valid ground for dismissing the present petition because what is paramount in such‑like matters, is the "welfare of the minor" and the conduct of the parents is a secondary consideration.
4. In view of the age of Shahzaib minor, I direct that he shall be handed over to Mst. Afshan Naureen petitioner which shall, however, be only a temporary arrangement subject to final determination of the rights of the parties to Hizanat of the said minor by the learned Guardian's Court, if the said Court was approached for the purpose.
5. With the agreement of the parties, it is further directed that the petitioner‑mother shall permit the respondent‑father to meet Shahzaib minor once a week for at least two hours in the Chamber of Mr. M. Ramzan Khalid, Advocate Multan. This meeting shall take place on every Thursday from 12‑00 noon/p.m.
6. Nadeem Abbas respondent who is in custody on account of the warrants issued by this Court for his arrest and production before this Court shall be released forthwith.
7. Mst. Afshan Naureen petitioner apprehends danger to her security and prays that arrangements be made for her return to her house which is in Multan City. The S.H.O. present in Court is directed to escort the petitioner to her house safely.
8. This petition stands disposed of in the above terms.‑ N.H.Q./A‑85/L Order accordingly.