PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

SAIMA NAZIR vs GUARDIAN JUDGE (IV), LAHORE Ss — 2023 PLD 433 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 PLD 433 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
PLD
Parties
SAIMA NAZIR vs GUARDIAN JUDGE (IV), LAHORE Ss
Subject matter
Family
Provisions referred to
S. 5; S. 4; Family Courts Act (XXXV of 1964); 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

SAIMA NAZIR VS GUARDIAN JUDGE (IV), LAHORE Ss. 4(2) & 25---Family Courts Act (XXXV of 1964), S. 5, Sched.---Custody of minors---"Guardian"---Maintenance, right to---Scope---Law maintains a distinction between custody and guardianship and respective rights and obligations in that regard under the Guardians and Wards Act, 1890 ('Act')---Definition of "guardian" in S. 4(2) seems to include the concept of custody, unless the same has been exclusively awarded by the court to a party who is not the guardian of a minor---Custody under the Act involves a right to upbringing of a minor---On the other hand, guardianship entails the concept of taking care of the minor even in situations when the guardian does not have domain over the corpus of the child---Father is considered to be a natural guardian of a minor, even after separation with the mother, and even when the mother has been granted custody of a minor, he is obligated to provide financial assistance to the minor---Liability to maintain the minor is not only religious and moral but also legal---Right of custody of father is subordinate to the fundamental principle i.e. welfare of the minor---Maintenance of child is the duty of father and the mother cannot be deprived of custody due to her inability to maintain the child for lack of resources.

Other judgments reported in 2023 PLD

Back to the case-law library · Search Pakistani case law in Urdu or English