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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: SHAFI MUHAMMAD VS Respondent: GUARDIAN JUDGE,OKARA and others
Court Name: Lahore High Court Judge(s): Abdul Shakurul Salam Title: SHAFI MUHAMMAD vs GUARDIAN JUDGE,OKARA and others Case No.: Writ Petition No,696 of 1984 Date of Judgment:1984-04-05 Reported As: 1986 MLD 891 Result: Petition dismissed
Judgment ORDER ' Petitioner and his wife, respondent No,3 separated and stand divorced. The petitioner filed an application for custody of a minor daughter aged 31 years at the time of the divorce, on 3-3-1982. The application was dismissed by the learned Senior Civil Judge, Okara on 19-5-1983. The petitioner's appeal had been dismissed by the learned Additional District Judge-I, Okara on 1-9- 1983. The petitioner has 'filed this Constitutional petition on 19-2-1984. 2. Learned counsel for the petitioner has contended that the respondent-mother had agreed to give up the custody of the minor and, therefore, the custody of the minor should have been given to the petitioner. 3. The contention has no force. The learned Courts below were quite right in holding that it is the interest of the minor, which is relevant and dominant factor, in deciding the custody of the minor. The statement of one or the other party is not of great significance. The appeal of the petitioner was dismissed on 1-9-1983. This Constitutional petition had been filed on 19-2-1984. Copy of the order was obtained on 22-9-1983. The conduct does not show that the petitioner has been very keen for the custody of the minor daughter because he were so, he would have filed the writ petition much earlier. In the circumstances of the case, no interference is called for. The petition is, therefore, dismissed in limine.
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