Welfare of the Minor elaborated :-
S.491---Habeas corpus petition---
Recovery of minor daughter aged about one year
---Petitioner, mother of minor daughter, aged about one year, sought recovery of minor, from father of the minor
---Pendency of proceedings for custody of minor before guardian Judge, keeping in view the age and welfare of the minor, would not create any jurisdictional bar for High Court, which court could interfere in such like cases
---Agreement between the parties regarding the custody of the min or girl, in which she was handed over to father was against the welfare of the minor and would come under coercion; and undue influence of the elders of the family and was not to be allowed to override the consideration of the welfare of the minor because it was an undeniable right of the minor girl of such an age to be blessed with the lap of the mother
---Minor, in circumstances, was handed over to the petitioner, mother
---mother was directed to facilitate father of minor for his periodic meeting with his daughter
---Parties would be at liberty to pursue the matter of custody of the minor before the guardian Judge who would decide the same expeditiously in accordance with law.
Reliance is placed upon 2015 MLD 833 LAHORE-HIGH-COURT-LAHORE
No comments:
Post a Comment