Case laws on father visitation rights
Here are a few notable case laws related to visitation rights and the welfare of children:
1. **Mst. Madiha Younus Vs. Imran Ahmed (2018 SCMR 1991)**:
- This case emphasizes the importance of maintaining a relationship between a minor child and a non-custodial parent. It highlights that denying visitation rights can lead to emotional deprivation for the child and underscores the need for a properly chalked visitation schedule.
2. **Mst. Amina Bibi vs. Muhammad Bilal (2015 YLR 2482)**:
- In this case, the court emphasized the welfare principle while deciding visitation rights. It stressed that the welfare of the child is of paramount importance and should be considered above the interests of the parents.
3. **Muhammad Aslam vs. Muhammad Afzal (2013 CLC 1108)**:
- This case underscores the rights of non-custodial parents to visit their children. It highlights that visitation rights should be granted unless there are compelling reasons to deny them, keeping the welfare of the child as the primary consideration.
These case laws provide guidance on how courts have interpreted and applied visitation rights under the Guardians & Wards Act, 1890, emphasizing the importance of the child's welfare and maintaining relationships with both parents.
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| Visitation rights of father . guardian and wards act. |
اس کیس میں والد فیاض الحسن انور اور والدہ محترمہ کے درمیان مروش حسن نامی نابالغ بچے کی تحویل کا تنازعہ شامل ہے۔ شہلا خالد۔ ابتدائی طور پر، والد نے گارڈین اینڈ وارڈز ایکٹ، 1890 کے تحت تحویل کے لیے درخواست دائر کی، لیکن بعد میں اگر ملاقات کا شیڈول ترتیب دیا گیا تو درخواست واپس لینے پر آمادگی ظاہر کی۔ گارڈین کورٹ نے درخواست کو واپس لینے کے طور پر مسترد کر دیا لیکن ملاقات کا شیڈول قائم کیا۔ والدہ نے اپیل کی، اور اپیل کورٹ نے ملاقات کے شیڈول میں تبدیلی کرتے ہوئے اسے جزوی طور پر اجازت دے دی۔
فیصلے میں غیر نگہبان والدین کے لیے اپنے بچوں کے ساتھ رشتہ برقرار رکھنے کے لیے ملاقات کے حقوق کی اہمیت پر زور دیا گیا ہے۔ اس میں نابالغ کی فلاح و بہبود کو بنیادی خیال کے طور پر بیان کیا گیا ہے اور والدین دونوں کے حقوق کو متوازن کرتے ہوئے ایک نظر ثانی شدہ ملاقاتی شیڈول کا خاکہ پیش کیا گیا ہے۔ نظرثانی شدہ شیڈول میں اختتام ہفتہ، تعطیلات اور تعطیلات پر ملنے کے مخصوص اوقات شامل ہیں، جن میں ضامن بانڈز اور بچے کے قیام کے دوران والد کے پاسپورٹ کو سرنڈر کرنے جیسی شرائط شامل ہیں۔
بالآخر، اپیل کورٹ کے فیصلے کو ایک طرف رکھتے ہوئے اور گارڈین کورٹ کی طرف سے قائم کردہ ملاقات کے شیڈول میں ترمیم کرتے ہوئے، درخواست کو جزوی طور پر اجازت دی جاتی ہے۔
FORM NO. HCJDC/C-121
JUDGMENT SHEET
IN THE LAHORE HIGH COURT, LAHORE
JUDICIAL DEPARTMENT
JUDGMENT
\
Writ Petition No. 46618 of 2021
Fayyaz-ul-Hassan Anwar Vs. Mst. Shehla Khalid etc.
Date of Hearing:
21.03.2024
Petitioner by :
Mr. Muhammad Mumtaz Faridi,
Advocate.
Respondent No.1 by: Mr. Allah Ditta Naseem, Advocate.
MASUD ABID NAQVI, J: Brief facts of this writ petition are that
petitioner/ father filed an application under Section 25 of the
Guardians & Wards Act , 1890 (“Act”) for custody of the minor
namely Marosh Hassan, which was contested by respondent No.1/
mother by filing reply and raising certain legal as well as factual
objections. Out of divergent pleadings of both the parties, issues were
framed by the learned Guardian Court. Thereafter, on 10.06.2020, the
petitioner/father appeared before the learned Guardian Court and got
recorded his statement which is reproduced hereunder:-
“stated that if schedule of the minor’s meeting with me as a
real father be fixed by the Court then I would not be having any
objection if the instant petition for custody of the minor be
dismissed as withdrawn.”
W.P.No.46618 of 2021
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Learned Guardian Court issued a schedule of meeting with
minor and dismissed the petition as withdrawn vide order dated
10.06.2020. Feeling aggrieved, respondent No.1 filed an appeal and
learned Additional District Judge, Pakpattan vide judgment dated
31.05.2021 partially allowed the appeal and issued new schedule for
visitation of minor with the petitioner/father. Being dissatisfied, the
petitioner/father has filed the instant writ petition and challenged the
validity of impugned judgment passed by the learned Appellate Court.
2.
During arguments, learned counsel for the petitioner has shown
no objection on certain amendments in the order of learned Guardian
Court, under instructions, while learned counsel for respondent No.1
fully supports the impugned judgment, passed by learned Appellate
Court with the arguments that the petitioner/ father is living alone
without any female in the house and will not properly maintain his ten
years old minor daughter and the respondent No.1/mother seriously
apprehends that overnight stay will be misused by the petitioner/father
in removing the minor from the jurisdiction of the learned Guardian
Court but also acknowledges that the petitioner/ father is paying the
maintenance of minor without any arrears at this moment. On query,
learned counsel for the petitioner, under instructions of petitioner
present in the court, fully assures this Court that the petitioner will
never ever remove the minor from the jurisdiction of the learned
Guardian Court. I have heard the arguments of the learned counsels
for the parties and perused the available record as well as have
minutely gone through the impugned judgment.
W.P.No.46618 of 2021
3
3.
Perusal of record reveals that after recording the statement of
the petitioner/father, the learned Guardian Court dismissed the
application under Section 25 of the Guardians & Wards Act , 1890 as
withdrawn and also issued a schedule of visitation, which is
reproduced hereunder: -
(i)
The interim custody of the minor will be handed
over to the petitioner (father) on first Saturday of
every Calendar month at 5:00p.m and respondent
shall return the interim custody of the minor to the
respondent (mother) on first Sunday at 5:00p.m.
(ii) On the second day of Eid-ul-Fitar the petitioner
(father) shall be entitled for interim custody of the
minor on 2nd day of Eid-ul-Fitar from 5:00p.m and
petitioner shall return the interim custody of the
minor to the respondent (mother) on the 3rd day of
Eid-ul-Fitar at 5:00p.m.
(iii) On the second day of Eid-ul-Azha the petitioner
(father) shall be entitled for interim custody of the
minor on 2nd day of Eid-ul-Azha from 5:00p.m and
petitioner shall return the interim custody of the
minor to the respondent (mother) on the 3rd day of
Eid-ul-Azha at 5:00p.m.
(iv) On the occasion of birthday of the minor, the
petitioner (father) shall be entitled for interim
custody of the minor from 5:00p.m and petitioner
shall return the interim custody of minor to
respondent (mother) on the next day of birthday of
the minor at 5:00p.m.
(v)
During summer vacations, the interim custody of
the minor shall be handed over to the
petitioner/father on the 1
st Sunday of the summer
vacations so declared by the School/Government
and shall be returned to the respondent/mother at
the evening on the 4th Sunday so that minor may
have four weeks to spent with his father.
(vi) During winter vacations the interim custody of the
minor shall be handed over to the petitioner/father
for first half of the winter vacations and the minor
shall be returned to the respondent/mother. All the
above said meetings will be subject to submission
4
of surety bonds to the tune of Rs.700,000/- and fee
payable to the bailiff by the petitioner.
Learned Appellate Court partially accepted the appeal of
respondent No.1/mother and new schedule for visitation of minor with
respondent was framed, which is reproduced hereunder: -
(i)
The interim custody of the minor will be handed
over to the respondent (father) on first Saturday of
every Calendar month at 10:00 a.m and he shall
return the interim custody of the minor to the
appellant (mother) on the same day at 1:00 p.m.
This meeting would be happened in the visitation
room established inside the court premises.
(ii) On second day of every Eid, at 11:00 a.m the
custody of minor will be handed over to the
respondent. And he will return her custody to
appellant at 3:00 p.m on the same day subject to
furnishing surety bond of Rs.10,00,000/-. Surety
will be responsible for safe custody of minor and
handing over the custody of minor from one
person to another.
(iii) On the occasion of birthday of the minor, the
respondent (father) shall be entitled for interim
custody of the minor from 1:00 p.m and he shall
return the interim custody of minor to appellant
(mother) on the same day at 4:00 p.m.
(iv) The respondent (father) will visit the minor during
Summer and Winter vacations on every Saturday
of month at 11:00 a.m. to 01:30 p.m. at Court
premises because minor is of tender age and her
custody cannot be handed over to the respondent
for night stay.
(v)
All the above said meetings will be subject to
submission of surety bonds to the tune of
Rs.10,00,000/- and fee payable to the bailiff by the
respondent (father).
4.
It is a settled proposition of law that a non-custodial parent has
all the rights to meet his/her children and neither right of access to
his/her minor children can be denied nor a non-custodial parent will
W.P.No.46618 of 2021
5
be considered as an alien to his/her children. A minor not only needs
love, affection, care and attention of a mother but also the father and
negating a non-custodial parent of his/her right to meet his/her minor
children would lead to emotional deprivation. A non-custodial parent
has an inherent right to effectively participate in upbringing of minor
and that cannot be achieved without properly chalked visitation
schedule. Due to lack of interaction with non-custodial parent, the
children start forgetting and in many cases disliking the non-custodial
parent and this phenomenon has been named as Parental Alienation
Syndrome by the psychiatrists. Hence, visiting schedule significantly
bridges a relationship between the minor children and a non-custodial
parent. Using visitation rights, a non-custodial parent can not only
recolour the emotions of minor children for him/her but also
reinvigorate the bond of love and affection with minor.
5.
Although, the law on the subject of visitation is contained in the
Guardian & Wards Act (VIII of 1890) but without any guidelines
about the duration, frequency of those visits of minor and about the
visitation schedule, hence, while deciding about the visitation
schedule, the paramount consideration is the welfare of minor.
Considering the paramount consideration of welfare of minor and in
view of the dictum laid down by the Honorable Superior Courts about
chalking the visitation schedule of minor, especially the case reported
as Mst. Madiha Younus Vs Imran Ahmed (2018 SCMR 1991), the
petitioner is entitled to meet with his daughter/ minor as per new
visitation schedule which is reproduced hereunder;
W.P.No.46618 of 2021
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(i)
The interim custody of the minor will be handed
over to the petitioner (father) on first Saturday of
every Calendar month at 5:00 pm and respondent
shall return the interim custody of the minor to the
respondent (mother) on first Sunday at 3:00 pm.
(ii) On the second day of Eid-ul-Fitar the petitioner
(father) shall be entitled for interim custody of the
minor from 5:00 pm and petitioner shall return the
interim custody of the minor to the respondent
(mother) on the 3rd day of Eid-ul-Fitar at 3:00 pm.
(iii) On the second day of Eid-ul-Azha the petitioner
(father) shall be entitled for interim custody of the
minor from 5:00 pm and petitioner shall return the
interim custody of the minor to the respondent
(mother) on the 3rd day of Eid-ul-Azha at 3:00 p.m.
(iv) On the occasion of birthday of the minor, the
petitioner (father) shall be entitled for interim
custody of the minor from 4:00 pm and petitioner
shall return the interim custody of minor to
respondent (mother) on the same day of birthday
of the minor at 8:00 pm.
(v)
During summer vacations, the interim custody of
the minor shall be handed over to the petitioner/
father on the 1st Sunday of the summer vacations
so declared by the School/Government and shall
be returned to the respondent/mother by the
petitioner after two weeks of minor’s stay with him
& during winter vacations the interim custody of
the minor shall be handed over to the
petitioner/father for just first three days of the
W.P.No.46618 of 2021
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winter vacations and thereafter, minor shall be
returned to the respondent/mother.
(vi) All the above said meetings will be subject to
submission of surety bonds to the tune of
Rs.1000,000/- (rupees ten lacs only) by the
petitioner/father to the satisfaction of the learned
guardian court prior to receiving the minor from
respondent/mother and also surrendering his
international valid passport during the minor’s stay
with him and by paying fee payable to the court’s
bailiff by the petitioner.
6.
In view of above discussion, instant petition is partly allowed
by setting aside the impugned judgment of learned Appellate Court
and by also amending the visitation schedule, chalked out by the
learned Guardian Court.
(MASUD ABID NAQVI)
JUDGE
Approved for reporting.
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