Law: Guardians and Wards Act, 1890

Section: 7,25

Summary of the Order

The petitioner, the mother of two minors (Mirha Fahad, 6, and Ismail Fahad, 8), filed a constitutional petition seeking their recovery from the alleged illegal custody of their father (Respondent No.3) and paternal uncle (Respondent No.4).

Key Developments:

1. The minors were brought to court by their father in compliance with a prior order.
2. The father provided an order from the Guardian Judge granting him interim custody and restraining the petitioner from taking the minors.
3. The petitioner claimed that the father forcibly took the minors at the airport and withheld their passports, raising concerns about their removal from Pakistan.
4. The father argued that custody matters should be handled by the Guardian Court, which has an upcoming hearing.

Court's Decision:

• No decision on custody: The court declined to hand over the minors to either parent, as the Guardian Court is the appropriate forum for custody disputes.
• Protective Measures:
  • The father is restrained from removing the minors from Pakistan without Guardian Court approval.
  • The hearing before the Guardian Court is expedited to 04.01.2025 instead of 17.01.2025.
  • The petitioner can request the Guardian Court to order the father to surrender the minors' passports.
  • Authorities are directed to enforce these measures.
     

ORDER