MAQSOOD AHMED vs MAHMOOD KHALID, ADDITIONAL DISTRICT JUDGE, RAWALPINDI and another
This matter arises from a petition for leave to appeal filed by Maqsood Ahmed against the judgment of the Lahore High Court dismissing his writ petition in limine, which had challenged concurrent orders of the lower courts denying him the custody of his minor children. The core legal question concerned the welfare of the minors regarding their custody between the divorced parents. The Supreme Court held that no interference was warranted with the concurrent findings of the lower courts, which had determined that the welfare of the minors lay in remaining with their mother, noting they were receiving proper education in an English Medium School and that the petitioner had delayed seeking custody for over seven years after separation. The key principle laid down is that the paramount consideration in matters of minor custody is the welfare of the children, and concurrent factual determinations by lower courts will not be disturbed by the apex court in the absence of legal flaw or perversity.
- Is the welfare of the minors the primary consideration in determining custody disputes between divorced parents?
- Will the Supreme Court interfere with concurrent findings of lower courts regarding minor custody in the absence of a legal flaw?
- Does an unexplained delay in filing a custody application weigh against the petitioner seeking custody?
ORDER
' MANZOOR HUSSAIN SIAL, J.---Maqsood Ahmed, petitioner, seeks leave to appeal against judgment dated 5-6-1994 of the Lahore High Court whereby Writ Petition No,524 of 1994 filed by him was dismissed in limine.
2. The petitioner was married to Mst. Muzammal Babi respondent on 26-3-1978. On 10-4-1981 Anwarul Haq, son, and on 11-4-1982 Naseem Akhtar, daughter, respectively were born to the spouses. Differences cropped up between the married couple, due to which she left her house and stayed with her parents. Conciliation could not take place between them and ultimately the petitioner divorced her on 20-4-1987.
3. Mst. Muzammal Bibi filed an application for maintenance of the minors against the petitioner which eventually was disposed by a consent decree. The petitioner, on 9-2-1989, filed application before the Guardian/Civil Judge, Rawalpindi for custody of the minors against respondent No,2 which was dismissed on 16-2-1993 on the ground that it was in the welfare of the minors to be with their mother. The learned trial Court also observed that the minors were getting education in English Medium School and were being properly looked after by the respondent. The petitioner filed appeal against the aforesaid judgment which too was dismissed on 16-3-1994 by the learned District Judge, Rawalpindi.
4. Aggrieved by the aforementioned judgments of the learned lower Courts, the petitioner invoked the Constitutional jurisdiction of the Lahore High Court, Rawalpindi Bench, through Writ Petition No,425 of 1994 which was dismissed in limine vide impugned order dated 5-6-1994, referred to above.
5. After hearing learned counsel for the petitioner and perusing the record, we find no flaw in the impugned judgment of the learned High Court so as to call for interference. Learned counsel for the petitioner did not controvert the factum of the minors receiving education in English Medium School. The petitioner also failed to give satisfactory explanation for moving application for custody of the minors after over seven years from the date of the separation of his wife from him.
' In the result, this petition is dismissed and leave to appeal refused.
Cited by 1 case
- Mst. GULNAZ BIBI vs RAFAQAT ALI SHAH and another 2000 PLD Peshawar 23