Home » Judgments » Guardians and Wards Act 1890 » s.7
Judgments on s.7, Guardians and Wards Act 1890
Pakistani court judgments that consider s.7, Guardians and Wards Act 1890, 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.
3 judgments
Structured overnight visitation: a practical Sindh High Court model
Aijaz-ur-Rehman v. Mst. Naila and others
Issue: What contact should a father have with a seven-to-eight-year-old daughter in her mother's custody, where the courts below allowed only two three-hour…
Held: Drawing on the eleven conditions in Madiha Younus v. Imran Ahmed (2018 SCMR 1991), so far as the mother agreed, the Court kept custody with the mother but gave the father an overnight stay on the first Saturday of every…
Art. 199, Constitution of Pakistan 1973s.10, Guardians and Wards Act 1890s.25, Guardians and Wards Act 1890s.7, Guardians and Wards Act 1890
A father who already has the children can still ask to be declared their guardian
Fareha v. Asad Bashir etc.
Issue: Can a father, as natural guardian with physical custody of his four daughters, petition under section 7 of the Guardians and Wards…
Held: Yes. Section 7 speaks of both appointing and declaring a guardian, recognising that a person may already be guardian in law yet seek formal affirmation; section 19(b) limits the court's power but does not bar a natural guardian from applying.…
Art. 199, Constitution of Pakistan 1973s.19, Guardians and Wards Act 1890s.25, Guardians and Wards Act 1890s.7, Guardians and Wards Act 1890
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