1987 PLP 974 (SCMR)
Mst. NAUSHABA‑‑Petitioner Versus Dr. NASIM and others‑‑Respondents
| Citation | 1987 PLP 974 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Haleem, C.J., S.A. Nusrat and |
| Parties | Mst. NAUSHABA‑‑Petitioner Versus Dr. NASIM and others‑‑Respondents |
| Primary Law | Guardians and Wards Act (VIII of 1890) |
Q1: What are the key laws and sections cited in 1987 PLP 974 (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 1987 PLP 974 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Haleem, C.J., S.A. Nusrat and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 974 (SCMR) (Mst. NAUSHABA‑‑Petitioner Versus Dr. NASIM and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Akhlaq Ahmad Siddiqui, Advocate Supreme Court instructed by Muzaffar Hassan, Advocate‑on‑Record for Petitioner, Respondent No. 1 in person.
- Date of hearing: 13th August, 1986,
Headnotes / Summary
(On appeal from the judgment and order of the High Court of Sind at Karachi, dated 19‑6‑1986 passed in Constitutional Petition No. S‑65 of 1986). ‑‑S. 12‑‑Constitution of Pakistan (1973), Art. 185 (3)‑‑Custody of minor‑‑Trial Court ordering father of minor to take custody of child on every Friday for six hours but appellate Court reducing time of temporary custody to three hours‑‑No ground for interference found‑‑Parties, however, consenting than order of Appellate Court shall be maintained subject to condition that father of respondent shall furnish personal bond in sum of Rs.1,00,000 for safe return of minor to petitioner on each occasion‑‑Petition converted into appeal and allowed accordingly.
Judgment & Decree
‑‑S. 12‑‑Constitution of Pakistan (1973), Art. 185 (3)‑‑Custody of minor‑‑Trial Court ordering father of minor to take custody of child on every Friday for six hours but appellate Court reducing time of temporary custody to three hours‑‑No ground for interference found‑‑Parties, however, consenting than order of Appellate Court shall be maintained subject to condition that father of respondent shall furnish personal bond in sum of Rs.1,00,000 for safe return of minor to petitioner on each occasion‑‑Petition converted into appeal and allowed accordingly. Akhlaq Ahmad Siddiqui, Advocate Supreme Court instructed by Muzaffar Hassan, Advocate‑on‑Record for Petitioner, Respondent No. 1 in person. Date of hearing: 13th August, 1986, S.A. NUSRAT, J.‑‑The petitioner seeks leave 'to appeal from the judgment of the Sind High Court dated 19‑6‑1986 dismissing her Constitutional Petition in a guardianship matter.
2. The respondent moved an application under section 12 of the Guardians and Wards Act, 1890 for the custody of a male suckling child, named Nabeel Punjwani, in the Court of the Civil Judge, Karachi who ordered the respondent, father of the child, to take the custody of the minor on every Friday from petitioner's house at 10‑00 a.m. and return him to the petitioner at 4‑00 p. m. On petitioner's appeal the above arrangement was modified by the learned Additional District Judge by his order dated 31‑5‑1986 only to the extent that the time of temporary custody was reduced to three hours from 10‑00 a.m. to 1‑00 p.m.
3. We heard the learned counsel for the parties and find no ground for interference with the judgment of the learned Additional District Judge. However, by consent of the parties the order of the Additional District Judge shall be maintained subject to the condition that Dr. Nizar Ali, the father of the first respondent, shall furnish persona bond in the sum of Rs. 1,00,000 to the satisfaction of the Nazir of the High Court for the safe return of the minor to the petitioner on each occasion he is taking for three hours. Such personal bond shall be furnished within two weeks and unless the same is furnished the child will not be taken by the first respondent. The petition is converted into an appeal and allowed in terms of the above directions. S. Q. /N‑11/S Order accordingly.