MADAD KHAN vs Mst — 2025 PLD 201 PESHAWAR-HIGH-COURT

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MADAD KHAN VS Mst. SAMIYA NISAR S.25---Custody of minor---Visitation rights of father---Scope---Real parents have an inherent right to meet and visit their children---Visitation schedule of minor with non-custodial parent, settlement of---Welfare of minor is of paramount consideration in custody matters---The petitioner (father) filed a suit for custody and visitation rights of his minor son whose temporary custody was with the respondent No.1 (mother)---Despite an already given schedule for visitation the Family Court declined enforcement of the visitation schedule citing the child's reluctance and panic attacks at the prospect of meeting his father---Aggrieved by the said order, the petitioner filed an appeal whereby appellate court set aside the Family Court's order and restored the father's visitation rights---Despite scheduling of visitation schedule by the High Court in an earlier petition, Trial Court did not enforce the schedule, citing the child's aversion to the father---However, the appellate court, considering all prior orders and welfare of the child, reinstated the father's right of visitation---Validity---Welfare of the child was of paramount consideration in any decision regarding custody or visitation rights, however, at the same time, non-custodial parent's inherent right to maintain relationship with his child could not be ignored---This right was crucial for the emotional and psychological development of the child---Denying visitation rights could lead to emotional deprivation and parental alienation syndrome, where the child could develop negative feelings towards the non-custodial parent due to lack of interaction---It was the duty of courts to evaluate the potential impact of visitation on the child's well-being, especially if there were concerns about the child's mental health or safety---In cases where there were concerns about the child's safety or well-being, courts could impose conditions on visitation which could include supervised visits, the presence of a mental health professional or the requirement for the non-custodial parent to provide surety bonds to ensure the child's safe return---High Court upheld the findings of the appellate court with direction to chalk out a visitation schedule---Constitutional petition was disposed of, in circumstances.

MADAD KHAN vs Mst — 2025 PLD 201 PESHAWAR-HIGH-COURT

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