Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: TANVIR ABBAS VS Respondent: Mst. NAZIA YAQOOB and otherss
Court Name: Lahore High Court Judge(s): Mian Saqib Nisar Title: TANVIR ABBAS vs Mst. NAZIA YAQOOB and otherss Case No.: Writ Petition No,219 of 2006 Date of Judgment:2006-02-28 Reported As: 2006 YLR 1636 Result: Petition dismissed
Judgment ORDER ' MIAN SAQIB NISAR, J.---Ali Abbas is the offspring of the wedlock between the parties, who presently is 5 years of age. The petitioner brought an application under section 25 of the Guardians and Wards Act, 1890, seeking the custody of the minor, which has been rejected by the Court after the trial; petitioner's appeal has also failed. 2. It is stated, that the petitioner belongs to Fiqa-e-Jaaferia, and thus, accordingly moved an application seeking amendment in the petition, which has been erroneously rejected by the Court. 3. I am afraid that this has never been the case of the petitioner throughout, even in the grounds of appeal before the lower Court, this fact is not so mentioned, resultantly, the application has been rightly dismissed, which was attempted to set out a new case and cause of action. Thus, in my constitutional jurisdiction, I do not find appropriate to interfere in the order of the learned ADJ, refusing to allow the amendment. On the merits of the case no misreading or non-reading of the evidence or any legal or factual infirmity in the decisions has been established on account of which the two, concurrent findings can be interfered. However, while exercising my parental jurisdiction, I direct that the petitioner should be entitled to meet his minor son on first Saturday of each month, from 9-00 a.m. To 2-00 p.m., the respondent for that purpose, shall produce the minor before the Guardian Court at Mandi Baha-ud-Din and the petitioners shall have the custody during that time and shall return the custody through the Court to the respondent. It may be made clear, that during this period the petitioner may take the child out of the Court premises but shall not take him outside the jurisdiction of the Guardian Court at Mandi Baha-ud-Din and also shall not get the minor passport made. In case it is so done, the petitioner shall face the consequences of the disobedience and disregard of this Court's order.