CLCN 2017

2017 PLP 59 (CLCN)

HAMEEDA BIBI — Petitioner Versus PUBLIC-AT-LARGE and 4 others — Respondents

Jurisdiction / Court
Peshawar (D.I. Khan Bench)
Decided Date
2016-August-16
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation 2017 PLP 59 (CLCN)
Forum / Court Peshawar (D.I. Khan Bench)
Bench Members N/A
Parties HAMEEDA BIBI — Petitioner Versus PUBLIC-AT-LARGE and 4 others — Respondents
Primary Law Guardians and Wards Act (VIII of 1890)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2017 PLP 59 (CLCN)?

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 2017 PLP 59 (CLCN)?

The case was heard and decided by the Peshawar (D.I. Khan Bench) bench comprising: N/A.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2017 PLP 59 (CLCN) (HAMEEDA BIBI — Petitioner Versus PUBLIC-AT-LARGE and 4 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Guardians and Wards Act (VIII of 1890)

Representation

  • Hamidullah Khan Khattak for Petitioner.

Headnotes / Summary

Ss. 12 & 25

Interim custody of minor

Welfare of minor

Paternal grandmother filed application for custody of two minors (one girl and a boy), wherein an application for temporary custody of minor boy aged one and half years was moved by the mother of minor, which was accepted by the Family Court

Validity

Petitioner paternal grandmother had alleged that mother of minor was insane and she had attempted thrice for poisoning the minor

Nothing was available on record in support of version of grandmother

Mother had more love and affection with her children than father or other relatives

Father of minor had divorced the mother of minors and contracted third marriage

Right of hizanat, of male child, in the present case, appertained to the mother, grandmother or so forth, until he (child) becomes independent

Both the courts below committed no jurisdictional error

Constitutional petition was dismissed accordingly. [Para. 5 of the judgment]

Judgment & Decree

PUBLIC-AT-LARGE and 4 others

Respondents Writ Petition No.426-D of 2015, decided on 16th August, 2016. Guardians and Wards Act (VIII of 1890)

Ss. 12 & 25

Interim custody of minor

Welfare of minor

Paternal grandmother filed application for custody of two minors (one girl and a boy), wherein an application for temporary custody of minor boy aged one and half years was moved by the mother of minor, which was accepted by the Family Court

Validity

Petitioner paternal grandmother had alleged that mother of minor was insane and she had attempted thrice for poisoning the minor

Nothing was available on record in support of version of grandmother

Mother had more love and affection with her children than father or other relatives

Father of minor had divorced the mother of minors and contracted third marriage

Right of hizanat, of male child, in the present case, appertained to the mother, grandmother or so forth, until he (child) becomes independent

Both the courts below committed no jurisdictional error

Constitutional petition was dismissed accordingly. [Para. 5 of the judgment] Hamidullah Khan Khattak for Petitioner.