Law: Guardian and Wards Act (VIII of 1890)

Section: 7, 17, and 25

Law: West Pakistan Family Courts Act, 1964

Section: 10(4)

Law: Constitution of Pakistan, 1973

Section: 199

Tagline

In matters of minor custody and visitation schedules under the Guardian and Wards Act, 1890, the welfare of the minor remains the paramount consideration; an intelligent preference of a minor of mature age (e.g., 15 years old) against overnight stays with a non-custodial parent must be given due weight, and constitutional jurisdiction under Article 199 will not ordinarily interfere with concurrent findings of fact unless exceptional circumstances or jurisdictional errors are shown.
 

Case Summary

1. Background and Prior Proceedings

The petitioner (Sajid Khan) and the respondent (Mst. Ibtesam Shahid) were married for approximately 12 years (2007 to 2019) and share a daughter, Mst. Samiya Sajid ("the minor"), born on June 27, 2008. Following strained marital relations, the marriage was dissolved on the basis of Khula under Section 10(4) of the Family Court Act, 1964.

The father filed a petition under Sections 7, 17, and 25 of the Guardian and Wards Act, 1890, seeking custody of the minor. On May 31, 2022, the Judge Family Court Islamabad (West) issued a consolidated judgment dismissing the father's custody claim, fixing the minor's maintenance at Rs. 20,000 per month (with a 10% annual increase), and establishing a detailed daytime-only visitation schedule.