2008 PLP 527 (SCMR)
ALTAF AKHTER ALVI — Petitioner Versus Mst. SADAF ARA and others — Respondents
| Citation | 2008 PLP 527 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Faqir Muhammad Khokhar and Karamat Nazir, Bhandari, JJ |
| Parties | ALTAF AKHTER ALVI — Petitioner Versus Mst. SADAF ARA and others — Respondents |
| Primary Law | Guardians and Wards Act (VIII of 1890) |
Q1: What are the key laws and sections cited in 2008 PLP 527 (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 2008 PLP 527 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Faqir Muhammad Khokhar and Karamat Nazir, Bhandari, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 527 (SCMR) (ALTAF AKHTER ALVI — Petitioner Versus Mst. SADAF ARA and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sh. Anwarul Haq, Advocate Supreme Court and Tanvir Ahmad Advocate-on-Record for petitioner.
- Nemo for Respondents.
- Date of hearing: 6th October, 2005.
Headnotes / Summary
(On appeal from judgment, dated 30-5-2005 of the Lahore High Court, Lahore passed in Writ Petition No.9290 of 2005).
S. 25
Constitution of Pakistan (1973), Art.185(3)
Application filed by ex-wife of the petitioner, under S.25 of Guardians and Wards Act, 1890 for custody of minors was disposed of by the Guardian Judge/Family Court in view of compromise between the parties and it was directed that permanent custody of minors would remain with the petitioner who would hand over minors on each Sunday to the ex-wife for visitation
Appeal filed by petitioner against judgment of the Family Court was partly allowed by the Appellate Court below by making some changes in respect of visitation rights of respondent and judgment of Appellate Court below was upheld by High Court
Plea of petitioner was that as ex-wife had contracted a second marriage with a stranger, she had lost her right of Hizanat or even visitation
Mother of minors, could not be denied minimum right of access to her minor children nor she be considered like an alien enemy qua them
Appellate Court below adopted a very sensible approach by permitting the mother to meet the minors on the first Sunday of each month
Order passed by the Appellate Court below was upheld by the High Court, being just and fair to which no exception could be taken
Impugned judgment of the High Court, not suffering from any legal infirmity so as to warrant interference by the Supreme Court
Petition was dismissed.
Judgment & Decree
FAQIR MUHAMMAD KHOKHAR, J.
This petition for leave to appeal is directed against judgment, dated 30-5-2005, passed by the Lahore High Court, Lahore, in Writ Petition No.9290 of 2005.
2. The respondent No.1, an ex-wife of the petitioner filed an application under section 25 of the Guardians and Wards Act; for custody of minors, Armish Altaf Alvi and Ahmad Altaf Ali, which was disposed of by the Guardian Judge/Family Court, Lahore, by order dated 14-12-2004, in view of compromise between the parties. It was further directed that permanent custody of minors would remain with the petitioner who would handover minors on each Sunday from 9-00 a.m. to 4-00 p.m. to the respondent No.1 for visitation and the respondent would see the minors in the home of her mother.
3. The appeal of the petitioner thereagainst was partly allowed by the Additional District Judge, Lahore, by judgment dated 28-3-2005, by making some changes in respect of visitation rights of the respondent. The petitioner still felt aggrieved and filed Writ Petition No.9290 of 2005 which was dismissed by the Lahore High Court, Lahore, by the impugned judgment, dated 30-5-2005. Hence this petition for leave to appeal.
4. The learned counsel for the petitioner vehemently argued that the respondent No.1 had contracted second marriage with a stranger, one Tahir Qayyum. Therefore, she had lost her right of Hazanat or even visitation of minor children. A miscellaneous application was also moved by the petitioner for rejection of the main petition of the respondent but the Guardian Judge disposed of the same without recording any evidence thereon.
5. We have heard the learned counsel for the petitioner at length and have also gone through the relevant record with his assistance. We find that the Additional District Judge adopted a very sensible approach by permitting the respondent No.1 to meet the minors in the Library of bar Council at Ewan-e-Adal, Lahore, on first Saturday of each month from 9-00 a.m. to 2-00 p.m. which would be arranged by the Guardian Judge in presence of a representative and the petitioner would take back the minors after the meeting. The order passed by the Additional District Judge, as upheld by the High Court, is just and fair to which no exception can be taken. The respondent mother cannot be denied minimum right of access to her minor children nor can she be considered like an alien enemy qua them. In our view, the impugned judgment of the High Court does not suffer from any legal infirmity so as to warrant interference by this Court.
6. For the foregoing reasons, we do not find any merit in this petition which is dismissed and leave to appeal is refused accordingly. H.B.T./A-31/SC Leave refused.