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Judgments on Constitution of Pakistan 1973
Pakistani court judgments that consider Constitution of Pakistan 1973, summarised in plain English, newest first. Each gives the issue, what the court held and what it means in practice, and is reviewed by an advocate.
Showing 61–62 of 62 judgments
A child ‘adopted’ at birth goes back to the real mother; the court asks for an adoption law
Erum Shahzadi & another v. Additional District Judge, Sialkot & 4 others
Issue: Can relatives who took a newborn on the day of his birth and registered him as their own son keep him against…
Held: No. Adoption is permitted in Islamic law, but the real parents have a preferential right to custody unless the child's welfare demands otherwise, and there was no justification for this adoption beyond the relatives' wish for a son. No written…
Habeas corpus will not decide custody when the Guardian Court is already seized
Hamna Fahad v. CCPO, Lahore etc.
Issue: Should the High Court return two children to their mother in habeas proceedings after the father allegedly took them from her at…
Held: No. In the precedents the mother relied on, the child was a suckling baby or had been removed by deception from the mother's custody; here both parents had lived with the children in Dubai, and whether the mother left or…
Art. 199, Constitution of Pakistan 1973s.25, Guardians and Wards Act 1890s.7, Guardians and Wards Act 1890