KHURRUM JAVED vs AHMED BILAL — 2026 PLD 118 SUPREME-COURT

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KHURRUM JAVED VS AHMED BILAL. S. 25---Alternative Dispute Resolution Act (XX of 2017), S. 2(i)---Custody of minor, dispute over---Minor's mother having passed away---Granting of custody to maternal grandmother by lower courts---Legality questioned---Biological father alive and contesting the custody---Supreme Court referring the matter for mediation---Mediation turning out to be successful as parties reached a settlement agreement---Co-parenting model adopted in child's best interests and welfare---Facts in brevity of the present case were that the matter concerned the custody of a minor daughter whose mother had passed away---Initially, the guardian court granted custody to her maternal grandmother (petitioner No. 2) and allowed visitation rights to the father (respondent No. 1)---The father's application for permanent custody under section 25 of the Guardians and Wards Act, 1890, was dismissed by both the Guardian Court and the appellate Court, however, the High Court set aside these concurrent findings holding that custody could not be given to a third party while a biological parent was alive and not declared unfit, thus transferring custody to the father---Decision of the High Court was then subsequently challenged before the Supreme Court by means of the present petition, whereby, Supreme Court considered referring the matter for mediation---Held: The process of mediation that ensued after the Supreme Court's order resulted in an amicable settlement between the contesting parties regarding minor's custody, visitation, educational arrangements and mechanisms for future cooperation aimed at her welfare---Mediator appeared before the Supreme Court with this welcome information---A copy of the settlement agreement signed by the contesting parties and countersigned by the mediator was placed on record---This settlement agreement reflected a model of co-parenting grounded in minor's long-term welfare---The mediation in the present case was a compassionate effort to shift the narrative from adversarial contestation to mutual understanding---In terms of the settlement agreement the present petition was disposed of, in circumstances.

KHURRUM JAVED vs AHMED BILAL — 2026 PLD 118 SUPREME-COURT

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