Dr. SHIREEN QASIM KHAN vs Dr. ASHFAQUE AHMED SHARIF
This petition for leave to appeal challenged an order of the High Court of Sindh, which modified a custody arrangement for a minor child during summer vacations. The core legal question concerned whether the High Court’s modification of the custody order, allowing the father visitation and temporary custody of the minor during summer vacations and fortnightly Sundays, was just and equitable given the pending appeal before the Additional District Judge. The Supreme Court held that the High Court’s arrangement was appropriate, just, and equitable. The Court rejected the petitioner’s concerns regarding the potential removal of the child from the jurisdiction, noting the respondent’s denial and willingness to surrender his passport. The Court emphasized that custody matters require speedy resolution and directed the trial court to expedite the pending appeal. The key principle laid down is that in matters of child custody, the court’s primary objective is to ensure an equitable arrangement that respects the rights of both parents while prioritizing the welfare of the minor, and that such interim arrangements should be implemented promptly to ensure the child benefits from the ordered visitation.
- Can a High Court modify an interim custody order to allow visitation rights during school vacations?
- Is a parent's undertaking to surrender their passport sufficient to address concerns regarding the potential removal of a minor from the court's jurisdiction?
- Should appellate courts direct trial courts to expedite the disposal of pending custody appeals?
ORDER
' HAMID ALI MIRZA, J.--- This petition for leave to appeal is directed against order, dated 30-6-2005, passed by a learned Single Judge of the High Court of Sindh at Karachi in Constitutional Petition No,S-286 of 2005 whereby the said petition was allowed and the order impugned therein was modified in the following terms:- "Looking at the fact that the current vacations are going on and also the fact that the petitioner/father of the minor has a legal right to meet his minor son, this C.P. Is allowed and the impugned order passed by learned Additional District Judge, Karachi East is set aside and because the minor constantly remained in the custody of the mother, since the separation of his parents, it is directed that during the current summer vacations the minor shall spend half summer vacation with his father/petitioner and shall also spend the Sunday holiday once a fortnight with the father/petitioner; in addition to the said arrangement, the minor may visit the home of his mother and also spend some time with the consent of the father/petitioner under a proper arrangement and by mutual understanding."
3(sic). We have heard learned counsel and the parties in person at length and have also gone through the relevant record.
4. We find that no exception could be taken to the arrangement made by the learned Judge in Chambers of the High Court vide impugned judgment which appears to be just, equitable and proper considering also the fact that the main appeal is still pending before the III-Additional District Judge, Karachi (East).
5. The allegation of taking away child out of the jurisdiction of this Court by the respondent/father in case the custody is given to him is vehemently denied by the respondent himself. He has submitted that at present he is not holding any visa for U.S.A. Neither for himself nor for the minor, therefore, taking away of minor out of jurisdiction of this Court would be out of question. He further submitted that he is prepared even to surrender his passport and to gave any guarantee in the said respect. The petitioner and her counsel could not controvert the said statement of the respondent.
6. It appears that till today the petitioner has not made compliance of the order passed by learned Judge in Chambers and thereby has not handed over the custody of the minor to the respondent and thereby 2/3rd period of vacation has passed and now only remain 1/3rd of the vacation period so that minor could remain with his father the respondent. Accordingly the child produced by the petitioner today in terms of the direction of this Court is given in custody of respondent/father who will keep the custody of minor in terms of order passed by learned Judge in Chambers of the High Court. The respondent and his counsel undertake to return the custody of minor on 7th August, 2005 at 9-00 a.m. To the petitioner in presence of Assistant Registrar of this Registry at Karachi. The matter being of custody of minor which requires speedy disposal, therefore, it is observed that III Additional District Judge on whose file the appeal against the order of 1st Civil Judge is pending in respect of the minor shall be disposed of preferably within a period of four months and the progress of the appeal shall be intimated to the Assistant Registrar, Karachi Registry of this Court.
7. In the circumstances, we find no case for grant of leave to appeal is made out, consequently leave to appeal is declined and the petition is dismissed.