Pakistan Case Law← Search
2008 SCMR 121

ASIMA SAEED vs Syed SAEED HASSAN SHAH HUMAYOUN and others----

Citation2008 SCMR 121
CourtSupreme Court of Pakistan
Case No.Civil Petition No,969-L of 2006
Date2006-08-31
Judge(s)Chaudhry Ijaz Ahmed, Sayed Saeed Ashhad
ResultOrder accordingly

ORDER

' SAIYED SAEED ASHHAD, J.--- In this matter the hardships and problems being faced by the petitioner who is the mother of minor Mughees aged about 5 years is involved. No doubt the grand father of the minor has the right to meet minor Mughees but for achieving the object the petitioner cannot be put to hardship and difficulties by taking him from Lahore to Bahawalpur, about 400 kilo meters away which would not only entail heavy financial burden but also cause hardship and inconvenience to the petitioner. This Court vide order dated 31-7-2006 had suspended the operation of impugned order dated 27-3-2006 of Lahore High Court and observed that the petitioner would not go to Bahawalpur along-with the minor for meeting with his grand father but the grand father would come to Lahore for the purpose of meeting. In our opinion this order is appropriate in the facts and circumstances of the case but there is one problem. The petitioner who is in Government service as a Lecturer is likely to be transferred to a Station other than Lahore in which the grand father would be required to proceed to that station for meeting the minor. The order dated 31-7-2006 is, therefore, modified to the extent that the grand father would come to Lahore or any other place where the petitioner would be living on account of her posting. The meeting shall be arranged at Lahore or any other city in the court of Senior Civil Judge/Guardian Judge, as the case may be.

2. Learned counsel for the respondent vehemently argued that the petition is time barred and is not maintainable as it has been filed against a review order. This Court while taking note of the hardships and inconvenience to be faced by the petitioner in complying with the order of the High Court has modified the same vide order dated 31-7-2006, therefore, while modifying the said order such objections cannot be entertained.

3. This petition stands disposed of in terms of the above modification and observations.

For educational and research use only β€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerΒ·PrivacyΒ·TermsΒ·Search