MUHAMMAD TUFAIL vs SAMINA TABASUM Ss — 2021 MLD 1610 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 MLD 1610 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: MLD
Parties: MUHAMMAD TUFAIL vs SAMINA TABASUM Ss
Subject matter: Criminal
Provisions referred to: S. 12; S. 25; Wards Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD TUFAIL VS SAMINA TABASUM Ss.12 & 25---Custody of minor---Interim custody, right of---Scope---Guardian Court, jurisdiction of---Father of minor had passed away---Guardian Court granted interim custody of minor girl (aged 08 years) to the mother---Paternal grandparents invoked constitutional jurisdiction of High Court against the said order---Held, that under S.12(1) of the Guardians and Wards Act, 1890, the Guardian Judge was empowered to make interlocutory orders for production of minor and interim protection of his person and his property---Said power could even be exercised in the absence of an urgency---Company of grandfather obviously could not be a substitute of the mother---Custody of minor could not be allowed to shuttle between the parties---Once the Guardian Judge had exercised its jurisdiction in granting interim custody, the same was to be allowed to stay, unless there were compelling circumstances to change the custody---Order of temporary custody of the minor being interim in nature would be subject to the decision in the (main) guardian application under S.25 of Guardians and Wards Act, 1890---Same could be varied, altered or rescinded by taking notice of all subsequent events and welfare of minor---No illegality or infirmity was found in the impugned order and judgment passed by the Guardian Court granting interim custody of minor girl to mother---High Court , however, directed the Trial Court to pass an appropriate order for production and visitation of minor to the grand-parents without disturbing her studies---Constitutional petition was dismissed, in circumstances.

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