Grandparents also have the right to visit a minor.

Grandparents also have the right to visit a minor

2021 YLR 1989 LHR

SAROSH SIKANDER VS GUARDIAN JUDGE, LAHORE

The petitioner (mother) challenged the maintainability of an application filed by the grandmother seeking interim custody and visitation rights of a minor in the Guardian Court. The court rejected the petitioner’s constitutional petition, ruling that the grandmother's application for visitation rights was maintainable.


Key Legal Issues:

•Whether the grandmother could apply for interim custody and visitation rights under the Guardians and Wards Act, 1890.
•Scope of the term 'parent' within the Family Courts Act, 1964, as it pertains to visitation rights.
•Maintainability of a constitutional petition against an interlocutory order of the Guardian Court.

Holding:

The court held that the grandmother’s application for interim custody and visitation rights of the minor was maintainable. The term 'parent' in the Family Courts Act, 1964, was interpreted broadly enough to include grandparents, especially given that the minor is entitled to inheritance from the grandparents. The constitutional petition was dismissed as it was filed against an interlocutory order, and an appeal could be filed after the final order.

Reasoning:

•The term 'parent' in Section 5 and Schedule of the Family Courts Act, 1964, is a broader term and not restricted to its literal meaning.
•The minor child’s entitlement to inheritance rights from grandparents supports the inclusion of grandparents as 'parents' under the Act.
•The petition addressed an interlocutory order, and as such, an appeal against the final order would be the appropriate course of action.
•The intention behind the amendment in 2002 to include 'visitation rights of parents' was to cater to a wider notion of family in matter of child’s custody.
 
**Constitutional petition dismissed**

Application by grandmother for visitation rights is ruled maintainable.

RAJA ZAHOOR LAW CHAMBER

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