Mother's inherent right to meet her children



Mothers's inherent right to meet her children

2018 MLD 574

AMIR BASHIR Versus Mst. NOSHEEN FATIMA


The Sindh High Court dismissed a constitutional petition filed by the father challenging a Family Court order that allowed the mother visitation rights with her minor children. The court upheld the Family Court’s decision recognizing the mother's rights as a natural guardian.


Key Legal Issues:
●Mother's right to visitation despite not filing a separate guardianship suit, under Section 12 of the Guardians and Wards Act
●Family Court’s authority to grant visitation rights
●Father's contention regarding the procedural errors and the living arrangements of the mother
●Relevance of the natural guardianship of the mother in the decision-making process

Holding:
The court held that the mother, being the natural guardian, has every right to meet her children. The Family Court’s visitation arrangement was considered just, fair, and equitable, protecting the rights of both parties, and in the best interest of the minors.

Reasoning:
●The respondent mother is the natural guardian, which gives her the inherent right to meet her children.
●The visitation arrangement made by the Family Court is fair, equitable, and in the best interest of the minors.
●The petitioner failed to demonstrate any legal errors or irregularities in the Family Court’s decision.
●Under the law, a parent can claim visitation rights without requiring a separate suit for guardianship.

**Constitutional Petition dismissed**.

The Family Court’s order granting visitation rights to the mother was upheld.

𝐑𝐀𝐉𝐀 𝐙𝐀𝐇𝐎𝐎𝐑 𝐋𝐀𝐖 𝐂𝐇𝐀𝐌𝐁𝐄𝐑

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