Law: Family Courts Act, 1964

Section: 5

Family Courts Act (XXXV of 1964)--- ----S. 5 Sched.---Visitation right of father---Principle---Petitioner was father of minor daughter who was denied the right of visitation---Family Court also returned the gift brought by father for his daughter---Order passed by Family Court was maintained by Lower Appellate Court---Validity---Such was inherent right of parents to have visitation rights with his/her children and depriving any of the spouse of such visitation rights would have an effect on the personality of the child/minor---Minor was to carry parentage with her throughout her life and such relation would remain throughout as neither Islam nor land laws allowed such renunciation---High Court did not appreciate order of Family Court returning the gift given by the petitioner---High Court directed Family Court to pass an interim order allowing visitation rights to petitioner and thereafter to chalk out a comprehensive plan pertaining to the visitation rights and other obligations, resultantly orders passed by two Courts below were set aside---Constitutional petition was allowed accordingly. Mst. Abeera Khan v. Adnan Jamel and another 2019 CLC 1478; Mst. Muneeba Raheel v. Raheel Taufiq Feroz and another 2020 CLC 1353; Mst. Ayesha Abdul Maleek v. Additional District Judge, Sahiwal and 2 others 2020 YLR 401; Mst. Hira v. 7th Additional Sessions Judge, Hyderabad and another 2019 MLD 804; Mrs. Shaukat Khalid v. Additional District Judge, Rawalpindi 1989 CLC 1377; Mst. Isbah Rashif v. Additional District Judge, Islamabad-West and others 2021 CLC 1089 and Shahida Adnan v. Additional District Judge and others 2021 YLR 1915 rel. JUDGMENT IJAZ ANWAR, J.---This writ petition has been filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, with the following prayer:- It is, therefore, most humbly prayed that on acceptance of this writ petition, this Honble Court may graciously be pleased to:-- 1. Declare the impugned orders of the respondents Nos.3 and 4 as illegal, without lawful authority, ultra-vires and of no legal effect and claim of the petitioner may kindly be declared with cost throughout. 2. Facts leading to the institution of this writ…

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