1983 PLP 481 (SCMR)
Mst. RAFIQAN AND 2 OTHERS- Petitioners Versus JALAL DIN-Respondent
| Citation | 1983 PLP 481 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah and M. S. H. Quraishi, JJ |
| Parties | Mst. RAFIQAN AND 2 OTHERS- Petitioners Versus JALAL DIN-Respondent |
| Primary Law | Guardians and Wards Act (VIII of 1890) |
Q1: What are the key laws and sections cited in 1983 PLP 481 (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 1983 PLP 481 (SCMR)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah and M. S. H. Quraishi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1983 PLP 481 (SCMR) (Mst. RAFIQAN AND 2 OTHERS- Petitioners Versus JALAL DIN-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Hasan, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioners.
- Date of hearing: 31st January, 1983,
- Ch. Muhammad Hasan, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate‑on‑Record for Petitioners.
Headnotes / Summary
(From the order dated 12-10-1982 of the Lahore High Court passed in Civil Revision No. 1025 of 1982). S. 25-Custody of minor-Marriage of spouses dissolved-Mother of minor girl, aged ten years, contracting second marriage and minor remaining in custody of step-maternal grand-father and grand-mother Mother of minor later coming back to her parents and seeking dissolution of second marriage--Minor girl present in Court tearfully be searching to let her go with her mother-Held, in interest of minor girl's welfare and happiness, she should live with her mother -Custody of minor ordered to be restored to her mother in circumstances of case. Respondent in person.
Judgment & Decree
M. S. H. QURAISHI, J.‑The case concerns the custody of Mst. Surayya, a minor girl who is the daughter of M:st. Habiban petitioner No. 3 from her marriage with Jalal Din respondent. The marriage was dissolved by a decree passed on 4‑12‑1973. The girl lived with her mother but when the latter re‑married on 2‑5‑1979, she remained in the custody of Mst. Rafiqan petitioner No. 1 and Khair Din petitioner No. 2, the step‑mother and father respectively of Mst. Habiban. Jalal Din moved an application for custody of the minor, which was allowed, against which the petitioners' appeal before the Additional District Judge, Faisalabad, and revision petition before the High Court failed.
2. The grievance taken before us was that the girl had not been produced before the Court in order to ascertain her wishes nor had any provision been made in the order for enabling the mother to meet the child. Notice was, therefore, issued by this Court on 10‑1‑1983 to the respondent to produce the girl.
3. Today all the petitioners and the respondent with the minor are present in Court. It is stated that the girl was born on 6‑4‑1972 and as such is over ten years of age. Even otherwise, she appears to be intelligent. She has tearfully beseached us to let her go with her mother. She does no appear to be at all happy to live with her father. Learned counsel for the petitioners has submitted that the minor can now live with her mother without the step‑father being there as she has come back to her parents and is seeking dissolution of her second marriage.
4. After hearing the parties we consider that it will be in the interest of the welfare and happiness of the minor that she lives with her mother. We accordingly convert this petition into appeal and allow it. The girl is restored to the custody of her mother, with the direction that she will not be removed from Faisalabad Town without the consent of the respondent. The respondent will also have the facility to meet the minor every Friday for two hours from 10‑30 a. m. at the house of Mr. Bashir, Councilor from Ward No. 40, Ghulam Muhammadabad, Faisalabad. Petition accepted.