SAIMA NAZIR vs GUARDIAN JUDGE (IV), LAHORE S — 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 S
Subject matter: Family
Provisions referred to: S. 5; S. 60---J; S. 60; Part I---Mental Health Ordinance (VIII of 2001); Mental Health Ordinance; Family Courts 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 S. 5, Sched. & Sr. Nos. 5 & 6, Part I---Mental Health Ordinance (VIII of 2001), S. 60---Jurisdiction of Family Court---Custody of minors---Guardianship---Visitation rights---Scope---Question before High Court was whether the provisions of Mental Health Ordinance, 2001, contradict and repeal the Family Courts Act, 1964, to take away jurisdiction of the Family Court qua custody of minors who are suffering from any mental disability and vest the same in the Court of Protection---Held; main crux of the Mental Health Ordinance, 2001, essentially relates to psychiatric facility and management of property of the mentally disabled persons and appointment of guardian under the Mental Health Ordinance, 2001---Dispute inter se parents of a minor for his or her custody and/or guardianship is manifestly not a subject matter of the Mental Health Ordinance, 2001, which falls within the exclusive domain of Family Court even when the minor suffers from any disability---Provisions of Mental Health Ordinance, 2001, do not contradict and repeal the provisions of S. 5 read with Entries Nos. 5 and 6 of Part I of the Schedule to the Family Courts Act, 1964 to take away jurisdiction of the Family Court in disputes amongst parents regarding guardianship and/or custody of minors who are suffering from any mental disability---Overriding effect of the Mental Health Ordinance, 2001, as provided in S. 60 thereof, is limited to cases of conflict.

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