2018 MLD 1592
Before Muhammad Farrukh Irfan Khan, J
Mst. AYESHA SHAHID—Petitioner
ADDITIONAL DISTRICT JUDGE and others—Respondents
Writ Petition No. 63673 of 2017, decided on 26th March, 2018. 2018 MLD 1592
Guardians and Wards Act (VIII of 1890)—
—-S. 12—Interim custody of minor—Visitation schedule of minor with his father—Scope—Overnight stay with father—Welfare of minor—Scope—Meeting of minor with father in Court premises—
Effect—Petitioner/mother contended that Appellate Court had wrongly chalked out an overnight stay of minor with his father/respondent as the same would affect his growth adversely and he was likely to confront some unpleasant situation there—
Mother also apprehended removal of the minor out of territorial jurisdiction of the Court—Father contended that proper growth of the minor required the love and affection of parents and Guardian Court had wrongly dismissed his prayer of meeting with his son out of Court premises—
Validity—Welfare of minor was prime consideration before the Court, admittedly, respondent was father of the minor and is the natural guardian he had right of his supervision under the Islamic Law, therefore, on separation of the parents the minor could not be permanently deprived of the love and affection of either of the parents—
Minor, in the present case, had crossed the age of six years, therefore, he should have maximum interaction with the father even if the custody was with the mother, otherwise, it may cause an estrangement in the mind of the child which may ultimately leave a vacuum in the accomplishment of his personality for deprivation of love, affection, and company of his father
—Court, in order to achieve such goal, was to make every possible effort to chalk out reasonable visitation schedule in a friendly atmosphere
—Meeting of the minor in the Court premises with the father was neither conducive nor effective and did not serve the purpose of the meeting, therefore, the welfare of the minor was in meeting with the father at his residence
— Appellate Court had already imposed condition of submission of surety bonds by the father at the time of taking over custody of the minor which was sufficient to dispel the apprehension of the mother regarding the removal of the minor from the territorial jurisdiction of the Court
—No illegality or infirmity having been noticed in the impugned order passed by the Appellate Court, the constitutional petition was dismissed accordingly.
Sh. Zahid Mehmood for Petitioner. Fahad Ahmad Siddiqui for Respondent No.3.
MUHAMMAD FARRUKH IRFAN KHAN, J.---Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioner calls in question the validity of impugned judgment of the learned Appellate Court dated 09.08.2017 whereby the said court while accepting appeal of respondent No.3 against the order of the learned Guardian Judge dated 02.07.2016 chalked out meeting schedule of the minor with respondent-father in the following manner:-
“i. The interim custody of the minor shall be handed over to the petitioner on the 2nd and 4th Saturday of every calendar month at 05.00 PM and the petitioner shall return the interim custody of the minors to the respondent on the 2nd and 4th Sunday at 5.00 PM,
ii. On the occasion of Eid ul Fitar, the petitioner/ father shall be entitled to interim custody of the minors on the 2nd day of Eid-ul-Fitar from 5.00 PM and petitioner shall return the interim custody of the minor to the respondent on the 3rd day of Eid ul Fitr at 5.00 PM
iii. On the occasion of Eid ul Azha, the petitioner/ father shall be entitled to interim custody of the minors on the 2nd day of Eid-ul-Azha from 5.00 PM and petitioner shall return the interim custody of the minor to the respondent on the 3rd day of Eid ul Azha.
iv. On the occasion of birthday of the minor, the petitioner/ father shall be entitled to interim custody of the minor from 5.00 PM and petitioner shall return the interim custody of the minor to the respondent on the next day of birthday of the minor at 5.00 PM
v. On the occasion of birthday of father of the minor petitioner/ father shall be entitled to interim custody of the minor from 05:00 PM and petitioner/father shall return the interim custody of the minor to the respondent on the next day of birthday of father of the minor at 5.00 P.M.
vi. During summer vacations, the appellant will be entitled to have custody of a minor for one month.
vii. During winter vacations, he will be entitled to meet with his minor children for five days.”
MQ/A-45/L 2018 MLD 1592 Petition dismissed.Tags: 2018 MLD 1592