Mst. QURAT-UL-AIN vs STATION HOUSE OFFICER, POLICE STATION SADDAR JALALPUR JATTAN, DISTRICT GUJRAT Ss

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

Mst. QURAT-UL-AIN VS STATION HOUSE OFFICER, POLICE STATION SADDAR JALALPUR JATTAN, DISTRICT GUJRAT Ss. 7 & 25---Convention on the Elimination of All Forms of Discrimination Against Women, Arts. 1 & 16---United Nations Convention on the Rights of the Child (UNCRC), Arts. 9 & 37---Custody of minor---Mother contracting second marriage---Mother remarrying does not automatically bar her under the law from the custody of her children---Holistic reading of the relevant Islamic principles, the Convention on the Rights of the Child, and Convention on the Elimination of All Forms of Discrimination Against Women leads to the conclusion that there is no legal justification for separating a mother from her child if the mother remarries. Citation Name: 2024 SCMR 486 SUPREME-COURTBookmark this Case Mst. QURAT-UL-AIN VS STATION HOUSE OFFICER, POLICE STATION SADDAR JALALPUR JATTAN, DISTRICT GUJRAT art. 199(1)(b)(i)---Guardians and Wards act (VIII of 1890), Ss. 7 & 25---Hebeas corpus, writ of---Scope---Custody of minor---Tendency of the High Courts to readily issue writs of habeas corpus in custody matters---Observations recorded by the Supreme Court deprecating such tendency stated. Citation Name: 2024 SCMR 486 SUPREME-COURTBookmark this Case Mst. QURAT-UL-AIN VS STATION HOUSE OFFICER, POLICE STATION SADDAR JALALPUR JATTAN, DISTRICT GUJRAT art. 199(1)(b)(i)---Hebeas corpus, writ of---Scope---Invocation and passing of the writ of habeas corpus is subject to the satisfaction of the High Court that no adequate remedy is provided by the law. Citation Name: 2024 SCMR 486 SUPREME-COURTBookmark this Case Mst. QURAT-UL-AIN VS STATION HOUSE OFFICER, POLICE STATION SADDAR JALALPUR JATTAN, DISTRICT GUJRAT Ss. 7 & 25---Constitution of Pakistan, Art. 199(1)(b)(i)---Hebeas corpus petition---Maintainability---Alternate remedy, availability of---Incompetently filed petition---Interim custody of minor girl restored to mother---Mother contracting second marriage---High Court awarding custody of minor girl to paternal grandmother as an interim arrangement after mother contracted second marriage---Legality---Grandmother, no matter the love she may have for her grandchildren, is not the parent of a child for the purposes of the law and must clearly specify why a writ of habeas corpus must be issued for the production of her grandchild(ren), especially so when it is admitted that the grandchild is in the custody of one or both parents---Paternal grandmother failed to aver that she was filing the writ petition in her capacity as a friend of the minor---At no point had the paternal grandmother averred that she was authorised by her son (minor's father) to file the writ petition---No correspondence whatsoever was produced before either the High Court or the Supreme Court which could show that the paternal grandmother was authorised to file the writ petition as a representative of the minor's father---Mere assertion in her petition that paternal grandmother wants to "properly look after the detenue" was insufficient to show that she was interested in the welfare of the child---In the absence of a competently filed writ petition and the presence of an alternative remedy for the paternal grandmother under the Guardian and Wards Act, 1890, the High Court ought to, in the first place, have satisfied itself that despite these shortcomings, it was still in the best interests of the minor that she be produced before the High Court more so: (i) when it was admitted by paternal grandmother in her petition that the minor was in the custody of her real mother; and (ii) an absence as to how the minor being in the custody of her own mother was without lawful authority which necessitated the production of the minor before the Court---Ordering of the divestment of custody by the impugned judgment/order was without lawful authority---In the presence of an adequate remedy, the High Court was constitutionally barred from exercising jurisdiction under Article 199 of the Constitution---All proceedings in the paternal grandmother's writ petition were declared to be without lawful authority and the writ was liable to be dismissed---Appeal was allowed accordingly with the direction that the Guardian Court, seized of the guardian petition filed by the mother would proceed with the matter expeditiously. Citation Name: 2024 SCMR 486 SUPREME-COURTBookmark this Case Mst. QURAT-UL-AIN VS STATION HOUSE OFFICER, POLICE STATION SADDAR JALALPUR JATTAN, DISTRICT GUJRAT art. 199(1)(b)(i)---Guardians and Wards act (VIII of 1890), Ss. 7 & 25---Habeas corpus, writ of---Scope---Custody of minor---Whatever the inter se relations between the parents may be, the purpose of a writ of habeas corpus when it comes to the production of a child is to ensure that the child is, at any given moment, capable of being produced before a Court of law---However, there can be no question that a writ of habeas corpus is not to be issued as a matter of course, particularly when the writ is sought against a parent for the custody of a child---Clear grounds must be made out and the writ must only be issued in favour of a person who is entitled to custody of the child---Issuing of such a writ is subject to the satisfaction of the High Court that a minor is not being held in custody without lawful authority or in an unlawful manner---Before issuing writ of habeas corpus the High Court should be satisfied that seeking remedy under the Guardians and Wards act, 1890, or any other law for the time being in force, would not be an adequate remedy; that the production of the child before the High Court is in the best interests of the child/minor; and, that handing over custody of the minor/child to the person petitioning the High Court is in the best interests of the child/minor. Citation Name: 2024 SCMR 486 SUPREME-COURTBookmark this Case Mst. QURAT-UL-AIN VS STATION HOUSE OFFICER, POLICE STATION SADDAR JALALPUR JATTAN, DISTRICT GUJRAT art. 199(1)(b)(i)---Guardians and Wards act (VIII of 1890), Ss. 7 & 25---Hebeas corpus, writ of---Custody of minor---Friend of minor---Scope---Where a person entitled to custody is shown to be incapable of approaching the Court or where no such person exists, the question of the right of a friend to make such an application arises---In such a situation, the friend of the minor must show that (i) no one who is legally entitled to the custody of the minor or to represent him/her exists, or that such a person, if any, is present and available but unable to file a habeas corpus petition; and (ii) the friend is interested in the welfare of the child.

Mst. QURAT-UL-AIN vs STATION HOUSE OFFICER, POLICE STATION SADDAR JALALPUR JATTAN, DISTRICT GUJRAT Ss — 2024 SCMR 486 SUPREME-COURT

Case information

Judgment text as reported

Other judgments reported in 2024 SCMR