Case Details

Citation(s)
2025 SLG 804 2025 SLD 804 = 2025 PLD 247
Supreme Court of Pakistan
C.P.L.A. No. 2250-L of 2016, decided on 19th December, 2024. (Against the order dated 11.05.2016 passed by the Lahore High Court, Lahore in Writ Petition No. 33486 of 2015).
Present: Syed Mansoor Ali Shah and Ayesha A. Malik, JJ
Khalid Ikram Khatana, Advocate Supreme Court for Petitioner.
Respondents not represented. Date of hearing: 19th December, 2024

Malik MAHMOOD AHMAD KHAN---Petitioner

VERSUS

Malik MOAZAM MAHMOOD and others---Respondents

Law: Family Courts Act, 1964

Section: 5, SCHEDULE

 

Family Courts Act (XXXV of 1964)---

----S. 5, Sched.---Maintenance allowance for minor---Child justice approach---Duty of Courts---Petitioner/father of minor son was aggrieved of fixing of maintenance allowance by the Courts below---Held, that Courts must approach cases involving children with a dedicated child justice approach, rooted in a legal and moral obligation to protect, nurture, and rehabilitate children, ensuring their rights and well-being within the justice system---Child justice encompasses both children in conflict with law, who require rehabilitative interventions rather than punitive measures---Children in contact with law must be safeguarded and supported throughout judicial processes---As custodians of justice, Courts must adopt a child justice approach that prioritizes the best interests of child, recognizing their vulnerabilities, developmental needs and potential---Such approach demands sensitivity to their circumstances, ensuring access to education, shielding them from exploitation, and fostering an environment conducive to their growth and reintegration into society---Supreme Court declined to interfere in the judgments passed by the Courts below as there was no jurisdictional error, illegality or procedural illegality---Petition for leave to appeal was dismissed and leave to appeal was refused.

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