SAEED AHMAD vs S.H.O., POLICE STATION MAKHDOOM RASHID . DISTRICT
This matter came before the Lahore High Court through a habeas corpus or constitutional petition filed by a father seeking access to his detained daughter, Mst. Shamaila alias Shabnam. The core legal question concerned the visitation rights and custody arrangement of a minor daughter living with her mother against the wishes of the father. The court decided to dispose of the matter based on a consensual arrangement agreed upon by both parents present in court along with their counsel. The holding established that the father is permitted visitation rights to see his daughter once a week under specific timings, ensuring the welfare of the minor while balancing parental access. The key principle laid down is that court-facilitated amicable visitation arrangements agreed upon by contesting parents can effectively resolve custody and access disputes without necessitating protracted litigation.
- Can visitation rights be granted to a father when the minor daughter expresses a desire to live with her mother?
- Whether an amicable custody and visitation arrangement agreed upon by both parties in court can form the basis for disposing of a habeas corpus petition?
ORDER
' The detenue Mst. Shamaila alias Shabnam has been produced. She states that she is residing with her mother and wants to live with her. However, she concedes that the petitioner is her father. On the other hand petitioner only wants that he do not want the detenue removed from the custody of her mother. The only grievance is that he he allowed to see his daughter once a week. In the circumstances of the case, it should be fair if the detenue is handed over to the petitioner on every Friday at 9-00 a.m. And she be returned by the petitioner to her mother at 9-00 p.m: on the same day. This arrangement is acceptable by both the parties, preset in Court alongwith their counsel. It is apprehended by learned counsel for the respondent that the petitioner might not give the detenue in exchange of his own marriage. The apprehension is clearly refuted by the petitioner.
2. Disposed of with the above observations.
Ordcr accordingly.