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 ...

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...

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, an...