Pakistan Case LawZAHOOR AKHTAR RAJA Versus Mst. RUBIA JILANI and another
This petition arose from custody proceedings pending before a Family Court under the Guardians and Wards Act 1890. The core legal question concerned the expeditious resolution of the custody dispute and the continuation of interim arrangements regarding the minors. Upon the consent of the parties, the Supreme Court directed the Family Court to conclude the pending proceedings within one month from the scheduled hearing date of 14-12-1994, specifically noting the parties' agreement to limit evidence to the testimony of the petitioner, her mother, and the father of the minors. The Court further ordered that the interim arrangement established by its previous order dated 21-9-1994 remain in effect until the final disposal of the matter by the Family Court. Consequently, the petition was dismissed as not pressed, with the Court emphasizing the necessity of timely adjudication in family matters to ensure the welfare of the minors involved.
- Can the Supreme Court direct a Family Court to conclude custody proceedings within a specified timeframe based on the consent of the parties?
- Does an interim arrangement regarding the custody of minors continue until the final disposal of the main petition by the Family Court?
ORDER
Learned counsel for both the parties present in Court before us state that proceedings are pending in the Family Court under section 25 of the Guardians and Wards Act and if an order is passed for completion of these proceedings in that forum within a reasonable time, then this petition would not be pressed. In these' circumstances, with consent of both the learned counsel, we direct the Family Court to conclude the proceedings within one month from the date of hearing which is reported to be 14-12-1994 on which date evidence is to be recorded. It is stated at the bar that petitioner before the Family Court would examine herself and her mother and in the same manner the father of minors would also be examined.
Till the final disposal of the petition before the Family Court interim arrangement as reflected in the order of this Court dated 21-9-1994 shall continue.
Accordingly, the petition is dismissed as not pressed in the terms indicated above.
Judges on this bench
- Sajjad Ali Shah1,895 judgments
- Irshad Hasan Khan1,063 judgments