Khawaja ADNAN ZAFAR vs HINA BASHIR arts — 2024 SCMR 1295 SUPREME-COURT

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Khawaja ADNAN ZAFAR VS HINA BASHIR arts. 185(3) & 199---Interim orders passed by the High Court challenged before the Supreme Court---Maintainability---according to the established practice, settled principles of law and policy of the Supreme Court, ordinarily interim orders passed by the High Court are not interfered with by the Supreme Court under article 185(3) of the Constitution and such intervention is warranted only in exceptional circumstances involving flagrant violation of law, wrongful exercise of jurisdiction or manifest grave injustice. Citation Name: 2024 SCMR 1295 SUPREME-COURTBookmark this Case Khawaja ADNAN ZAFAR VS HINA BASHIR Ss. 12 & 25---Constitution of Pakistan, Art. 199---Custody of minors, issue of---Interim orders passed by Guardian Court and upheld by the High Court challenged before the Supreme Court---Maintainability---Application of the petitioner (father) under section 25 of the Guardians and Wards Act, 1890 for permanent custody of minors was still pending decision before the Guardian Judge---Orders of the Courts below assailed by the petitioner in the instant petitions were interim in nature---Ordinarily interim orders passed by the High Court are not interfered with by the Supreme Court under Article 185(3) of the Constitution and such intervention is warranted only in exceptional circumstances involving flagrant violation of law, wrongful exercise of jurisdiction or manifest grave injustice---All the present petitions arising out of interim orders passed by the Courts below were, thus, not maintainable---Moreover, the impugned interim orders passed by the Courts below were in accordance with law and had not caused any injustice to the petitioner or prejudice to the application of the petitioner for permanent custody of minors which was pending decision before the Guardian Judge---Leave to appeal was refused and all petitions were dismissed.

Khawaja ADNAN ZAFAR vs HINA BASHIR arts — 2024 SCMR 1295 SUPREME-COURT

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