Law: Constitution of Pakistan, 1973

Section: 7

Law: Guardians and Wards Act, 1890

Section: 25

SUMMARY

This constitutional petition was filed by the mother seeking recovery and custody of her minor children—Mirha Fahad (6 years) and Ismail Fahad (8 years)—allegedly taken away unlawfully by their father (respondent No.3) at Lahore Airport on 01.01.2025 with the help of respondent No.4. The petitioner also claimed her handbag containing important documents (passport, ID card, marriage certificate and children’s birth certificates) was snatched.

During proceedings, the children were produced in court. The father presented an interim order dated 02.01.2025 passed by the Guardian Judge-V, Lahore, restraining the petitioner (mother) from taking the minors until the next date of guardianship proceedings. He argued that the matter of custody is already sub judice before the Guardian Court, therefore the High Court should not decide custody in constitutional jurisdiction.

The petitioner relied on several precedents to argue that High Court can vary interim custody even during pending guardianship proceedings. She alleged that the father has no stable residence and fears he may remove the minors from Pakistan.