ABID HAMEED vs ADDITIONAL SESSIONS JUDGE, CHUNIAN S — 2024 PLD 476 LAHORE-HIGH-COURT-LAHORE

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ABID HAMEED VS ADDITIONAL SESSIONS JUDGE, CHUNIAN S. 491---Guardians and Wards Act (VIII of 1890), Ss.7 & 9---Habeas Corpus proceedings---Scope---Custody of minor---Regulating meeting with minor---Petitioner was real father of minor and step sister of minor was claiming custody---During Habeas Corpus proceedings under S. 491, Cr.P.C., before Additional Sessions Judge, petitioner consented to visitation rights to respondent---On application filed by respondent, Additional Sessions Judge prepared schedule for respondent to meet the minor---Validity---Petitioner's custody was lawful and proper, as he was minor's real father and natural guardian duly looking after him, including his studies---Respondent was step-sister of minor who was married and living with her family---It was in the minor's welfare that his custody should remain with his father, i.e. the petitioner---Though Additional Sessions Judge dismissed application of respondent but directed petitioner to provide her an opportunity to meet the minor twice or thrice a month---Additional Sessions Judge exceeded his jurisdiction while making such a direction---Determination of visitation rights fell in the exclusive domain of Guardian Court---Order of Additional Sessions Judge enforcing meetings with minor was without jurisdiction and such application of respondent was not competent and all proceedings based on such order were unlawful---Respondent could not take benefit of petitioner's conceding statement that he made in earlier proceedings---When basic order was devoid of legal authority and void, the entire superstructure raised thereon would collapse---High Court set aside the orders passed by Additional Sessions Judge enforcing meeting schedule of respondent with minor---Constitutional petition was allowed accordingly.

ABID HAMEED vs ADDITIONAL SESSIONS JUDGE, CHUNIAN S — 2024 PLD 476 LAHORE-HIGH-COURT-LAHORE

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