Skip to main content

Grandmother's right of visitation and Custody

By
In Pakistan the Guardianship law was enacted by British in the year 1890 which is known as the Guardians and Wards Act 1890. According to the provisions of Guardians and Wards Act, 1890 grandparents stand no where.

However, with the passage of time the superior courts of Pakistan have laid down principles that are followed by the Guardian Courts all over Pakistan. Pakistan is a society that has Islamic laws and typical Indian cultural values incorporated in its system which has impact on legal system as well.

In practice the grandparents do not easily get visitation rights and custody from the guardian courts in Pakistan especially when mother is alive and perfectly looking after the child. However, exceptional cases happen at times because of which grandparents get their rights from courts.

The primary thing which a guardian court has to see is to cater the welfare of minor. If under any circumstances it is proved that the welfare of minor is with the grandparents then the guardian judge has powers to pass orders accordingly


For more, you can consult omara.khan789@gmail.com or call +923123450006
Labels:

Comments

Post a Comment

Popular posts from this blog

When an application for restoration of suit is allowed, all interim orders passed prior to dismissal of suit for non-prosecution, stand revived

By
PLJ 2018 Islamabad 276 Present :  Miangul Hassan Aurangzeb, J. M/s. PANTHER DEVELOPERS--Petitioner versus ADDITIONAL DISTRICT JUDGE (ADJ), WEST, ISLAMABAD and 2 others--Respondents W.P. No. 977 of 2018, decided on 10.4.2018. Islamabad Rent Restriction Ordinance, 2001 (IV of 2001)-- ----S. 17(9)--Constitution of Pakistan, 1973, Art. 199--Execution of lease agreement--Default in payment of rent--Violation of terms and Conditions--Eviction Petition--Dismissed for non prosecution--Application for restoration--Allowed--Tentative order--Struck off right of defence--Eviction Petition allowed--Appeal was dismissed--Determination--Direction to--It is well settled that when a suit is dismissed for non-prosecution, and an application for restoration is filed, Court/Tribunal can, while said application is pending, pass interim orders--It is also well settled that when an application for restoration of suit is allowed, all interim orders passed prior to dismissal of suit for non...
Post a Comment
Read more

2013 S C M R 587

By
Rule that no limitation ran against a void order was not an inflexible rule --- Party could not sleep over to challenge a void order and it was bound to challenge the same within the stipulated/Prescribed time period of limitation from the date of knowledge before the proper forum in appropriate proceedings --- Appeal filed before the Appellate Tribunal was admittedly time-barred, and was rightly dismissed as being hit by limitation and no sufficient cause for condonation of delay was found --- High Court agreed with the order of Appellate Tribunal --- Supreme Court had affirmed concurrent findings recorded by fora below --- Review petition was dismissed in circumstances. For  more , you can consult omara.khan789@gmail.com or call +923123450006
Post a Comment
Read more

Divorce is not possible during pregnancy

By
A Muslim woman cannot be divorced during pregnancy. If a husband pronounces divorce to his wife during pregnancy, it is immaterial till delivery. However, if after delivery of child, it is not reconciled within 90 days, it becomes divorce. The reason is that the Iddah of a Muslim woman is 90 days after pronouncement of divorce by the husband. If divorce is pronounced to a Muslim wife during pregnancy, it becomes effective automatically after the end of pregnancy. The iddat of such lady starts from that day and if the divorce is not revoked in such time period of 90 days, then it becomes complete divorce. Once a women completes her Iddat after divorce, it means the divorce is final and irrevocable between parties. For  more , you can consult omara.khan789@gmail.com or call +923123450006
Post a Comment
Read more