HABIB-UN-NISA Versus ADDITIONAL DISTRICT JUDGE, RAWALPINDI
This petition for leave to appeal arose from a custody dispute concerning a seven-year-old minor boy. The lower courts, including the Guardian Judge and the Additional District Judge, had previously awarded custody to the father, a decision which was subsequently upheld by the Lahore High Court. Upon reaching the Supreme Court, the core legal question concerned the welfare of the minor and the appropriate custodial arrangement. However, the Court did not adjudicate the merits of the case. Instead, the parties, through the assistance of their respective counsel, reached an amicable settlement regarding the custody of the minor. The Supreme Court, having reviewed the terms of the settlement, determined that the agreement was in the best interest and welfare of the minor. Consequently, the Court converted the petition for leave to appeal into an appeal by consent of the parties and disposed of the matter in accordance with the terms of the settlement. The judgment underscores the principle that amicable resolution, particularly in family disputes involving the welfare of minors, is highly encouraged and legally sanctioned when found to be in the child's best interest.
- Can a petition for leave to appeal be converted into an appeal by consent of the parties to facilitate a settlement?
- Is an amicable settlement regarding child custody enforceable if the Court finds it to be in the welfare of the minor?
IRSHAD HASAN KHAN, J.‑‑‑ This petition for leave to appeal is directed against the judgment dated 9‑6‑1997 passed by a learned Single Judge of the Lahore High Court, Rawalpindi Bench, Rawalpindi, in Writ Petition No.690 of 1997 relating to the custody of a child. The matter involves a minor boy aged 7 years.
2. The learned Guardian Judge and the learned Additional District Judge found the father to be entitled to the custody of the minor boy. The High Court maintained the orders of the Courts below.
3. It is however, not necessary to go into the merits of the case. Suffice it to say that, due to the interest taken by Mr. Muhammad Munir Paracha, learned counsel for the petitioner and Mr. Muhammad Ibrahim Satti, learned counsel for the respondent, the parties have arrived at an amicable settlement in the following terms:
We also find that the settlement is in the welfare of the minors. We accordingly approve the same. This petition is, therefore, converted into an appeal with consent of learned counsel for the parties and disposed of in terms of the above settlement with no order as to costs.
4. Before parting with this judgment, we appreciate the conduct of the parties as well as their learned counsel for arriving at amicable settlement of the dispute. The rule played by them is indeed laudable.
A.A./H‑10/S Order accordingly.