While entrusting guardianship of minor boy to her mother through a reported verdict, the Lahore High Court says welfare of a minor is a paramount consideration, often requiring a careful evaluation of what is least detrimental to their upbringing and well-being.
A single-member bench of the Lahore High Court (LHC) comprising Justice Anwaar Hussain announced the judgment in response to a plea where central issue was the appointment of a guardian for a minor, involving a mother accused of her husband’s murder and the paternal grandmother who has been handling the minor’s property without legal authority.
Accepting plea of a mother of the minor, the LHC stated in its order to grant custody, based on a restoration of the Guardian Judge’s order, taking into account all circumstances. However, the court said in its order that conduct of the respondent grandmother, appointed guardian by the lower court, raised concerns.
Notably, paternal grandmother fled with the minor and unlawfully managed the minor’s property, casting doubt on her suitability as guardian. The court said in its order that court must consider the implications for the minor, who has already suffered the loss of his father, and now faces potential separation from his mother while under the care of a guardian who has acted suspiciously and without proper authority.
According to contents of the LHC decision, the petitioner, formerly married to Imtiaz Bhatti, seeks custody of her two children namely Muhammad Daniyal and Muskan. Their father’s murder initiated their socio-psychological ordeal, compounded by the petitioner’s arrest as a co-accused. The minor girl remained with her, while the minor boy was placed with his paternal grandmother. Despite the petitioner’s attempts to regain custody, legal hurdles arose, including an injunctive order from the Guardian Court upheld by the Supreme Court of Pakistan. After the Trial Court granted custody to the petitioner, the Appellate District Court reversed the decision, citing the petitioner’s murder accusation. Consequently, the petitioner invoked LHC jurisdiction for remedy against the District Judge decision in the matter.
After precuring minor boy’s and his grandmother attendance through police before the court in the matter, LHC turned down District Cout decision restoring the Trial Court’s decision to grant custody of the minor boy to the petitioner mother. The bench issued directives to mother of the minor boy to appear before the Trial Court by June 22, 2024, with a copy of the judgment and a Rs. 2-million surety bond.
Whereas the bench directed grandmother of the minor boy to produce the minor boy before the Trial Court on the same date, however, the LHC said in its order that visitation schedule established by the Appellate Court for the petitioner will similarly apply to the respondent grandmother. Additionally, the respondent grandmother retains the right to file a new petition for custody and guardianship if the petitioner mother is convicted of the charges against her. It is worth mentioning that mother of the minor children is facing accusation of murdering her husband and was released on bail in the matter.
