Raja Zahoor Law Chamber

  🧓🏻 Grandparents’ Visitation Rights & Welfare of Minor⚖️ 2021 YLR 1989 - Lahore High Court In this important judgment, the Lahore High Court examined whether a grandmother can lawfully seek interim custody or visitation rights of her grandchild under Pakistani family law. Background: After divorce between the parents soon after the child’s birth, the minor remained with her mother. The father, a UK national, did not actively pursue custody or visitation. The paternal grandmother filed a petition before the Guardian Court seeking interim custody and visitation rights. The mother challenged the petition, arguing that only parents could seek such relief under the Family Courts Act, 1964. Key Legal Question: Does the word “parent” exclude grandparents for purposes of visitation rights? Court’s Ruling: The Court held that the term parent used in the Family Courts Act is not confined to a narrow literal meaning. It has a wider scope, especially when grandparents have a recognized ...

  Family Court must consider the financial status of the father when awarding maintenance. 2009 PLD 760 SC TAUQEER AHMAD QURESHI Vs ADDITIONAL DISTRICT JUDGE, LAHORE In this case, the Supreme Court dealt with the issue of appropriate maintenance allowance for minors granted by the Family Court, particularly focusing on the 20% annual increase in the allowance. The Court ruled that the Family Court's awarding of a 20% annual increase was arbitrary, illegal, and without basis and thus reduced it to 5% annually. Key Legal Issues: •Maintenance allowance for minors as per father's financial status •Family Court's jurisdiction and power to award increases in maintenance •Executability of Family Court decrees •Executing Court's authority in declaring parts of a decree inexecutable Holding: The Supreme Court held that the Family Court's decision to award a 20% annual increase in the minors' maintenance allowance was arbitrary, illegal, and whimsical. The Court reduced t...

  If the Husband dies during Iddat, the Divorced Wife will be Considered Widow 2017 CLC 516 Mst. ROHEELA YASMIN Versus Ms. NEELOFAR HASSAN The case involves a dispute regarding the inheritance rights of Mst. Roheela Yasmin following the death of her husband, who allegedly divorced her before his death but within the stipulated 90-day period during which he could have revoked the said divorce. The court held that since the divorce had not yet become effective as per S.7 of the Muslim Family Laws Ordinance, 1961, the appellant remained his widow and was entitled to inherit his property. The impugned order was set aside, and the appeal was allowed. Key Legal Issues: • Validity and effectiveness of divorce within the 90-day period. • Right to inheritance under Muslim Family Laws Ordinance. • Procedure for reconciliation in Islamic law. Holding: The court concluded that the divorce pronounced by the deceased husband had not yet become effective as the 90-day period for revocation had no...

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 enou...