Visitation rights of minor not within domain of sessions courts: LHC

LAHORE: The Lahore High Court held that the determination of visitation rights of a minor did not fall within the jurisdiction of the Sessions Courts and set aside the decision of Additional Sessions Judge (ASJ) Chunian.

The court accepted the petition of Abid Hameed and observed that the judge exceeded his jurisdiction as visitation rights fall in the exclusive domain of a Guardian Court.

The court asked the respondent Sehrish Anwar step sister of the minor to approach the Guardian Court for enforcement of visitation schedule of the minor.

The Guardian Court will decide what is best for the child, the court added.

The court also observed that all civilized societies worked to protect a citizen’s liberty, and if the restriction on him is illegal, the courts should step in to free him.

According to the detail, Rehana Kausar married Muhammad Anwar and the couple had a daughter, Sehrish.

After Muhammad Anwar’s death, she married the petitioner Abid. They had a son Husnain Ali and Rehana died after which, the petitioner’s sister Sajida Hameed, took care of the minor.

The respondent Sehrish filed an application in the Sessions Court Chunian praying to get recover Husnain from the alleged improper custody of the petitioner.

The ASJ dismissed the application and held that there was no justification for handing over the minor to his step-sister.

The judge, however, directed the petitioner to allow the applicant to meet the minor twice or thrice a month.

The petitioner assailed the said order and got relief.

Copyright Business Recorder, 2023