SAMAN RAFAT IMTIAZ, J. Through the instant petition, the Petitioner (Muhammad Mussawar Abbasi) has assailed the Order dated 15.01.2022 ("Impugned Order ") passed by the learned Additional District Judge, West- Islamabad, whereby operation of Judgment dated 27.11.2021 passed by the learned Judge Family Court/Guardian Judge Islamabad-W est was suspended.
2. Necessary facts, as per the contents of the Memo of Petition, are that the Petitioner and Respondent No.1 (Mst. Lubna Manzoor) were married on 01.08.2015. From the said wedlock, one son namely Zarmain Bin Musawar Abbasi ("Minor" ) was born. Thereafter , Petitioner and Respondent No.1 were divorced. The Petitioner field petition under Section 25 of the Guardian & Wards Act, 1890 ("Guardian & Wards Act") for his appointment as guardian of the Minor by seeking permanent custody whereas another petition under Section 25 of the Guardian & Wards Act was also filed by Respondent No.1 for appointment of guardian. The Trial Court framed the following consolidated issues:
1. Whether the petitioner / Muhammad Musawar Abbasi is entitled for the custody and guardianship of the minor namely Zarmain Bin Musawar? OPP
2. Whether the respondent / Mst. Lubna Manzoor is entitled for the custody and guardianship of the minor namely Zarmain Bin Musawar? OPR
3. With whom the welfare of the minor lies? OP Parties
4. Relief.
3. Evidence was led by the parties and both petitions were decided through consolidated Judgment dated 27.11.2021 passed by learned Judge Family Court/Guardian Judge Islamabad-W est, in the following terms: "The petition filed by the Petitioner/Muhammad Musawar Abbasi for custody and guardianship of the minor is accepted and the petitioner is held entitled to have the custody of the minor subject to furnishing surety bond of any person, serving in the Federal Government in BPS-17 or above, equivalent to the amount of Rs.50,00,000/-. Upon submission of surety bond by the petitioner , guardianship certificate be issued accordingly . Whereas the petition filed by the respondent for her appointment as guardian of the minor is dismissed. However , the respondent being the mother of the minor is entitled to have visitation rights with the minor . Following meeting schedule with the minor is hereby devised for the respondent/mother: i) The respondent shall get the custody of the minor on 1st and last Saturday of each calendar month at 11:00 a.m. and shall return the minor on following Sunday at 05:00 p.m. ii) On birthday of the minor or the respondent, the petitioner shall handover the custody of the minor to the respondent at 03:00 p.m. and the respondent shall return the minor to the petitioner at 08:00 p.m. iii) On Eid-ul-Fitr , the petitioner shall hand over the custody of the minor to the respondent on Chand-Raat at 06:00 p.m. and the respondent shall return the custody of the minor on the same night at 09:00 p.m. (Similar schedule shall be followed by the respondent/mother in case Eid ul Fitr comes within summer or winter vacations and the custody of the minor is with her). iv) On the first day of Eid ul Fitr the petitioner/father shall handover the custody of the minor to the respondent/mother at 11:00 a.m. and the respondent/mother shall return the custody of the minor to the petitioner on and day of Eid at 01:00 p.m. (Similar schedule shall be followed by the respondent/mother in case Eid ul Fitr comes within summer or winter vacations and the custody of the minor is with her). v) On Eid ul Azha, the petitioner shall hand over the custody of the minor to the respondent on 2nd day of Eid at 11:00 a.m. and the respondent/mother shall return the custody of the minor to the petitioner on 3rd day of Eid ul Azha at 01:00 p.m. (Similar schedule shall be followed by the respondent/mother in case Eid ul Azha comes within summer or winter vacations and the custody of the minor is with her). vi) During summer vacations, the respond ent/mother shall have the right to spent the first half i.e. 15 days of each month (When vacations continue) with the minor and for this purpose the petitioner shall handover the custody of the minor to the respondent/mother on 1st day of each month of vacation at 10:00 a.m. and the respondent/mother shall return the custody of the minor to the petitioner on last day of her each turn at 06:00 p.m. vii) During the winter vacations, the respondent shall have a right to spent the first half of the vacations with the minor and for this purpose the petitioner shall handover the custody of the minor to the respondent/mother on first day of vacation at 10:00 a.m. and the respondent/mother shall return the custody of the minor to the petitioner/father on last day of her turn at 06:00 p.m. viii) The respondent/mother is also entitle d to have video chat with the minor on every Friday for one hour. The petitioner/father shall arrange the video call of the minor with the respondent/mother through any calling application i.e. Skype or Whatsapp etc. ix) The respondent/mother is allowed to attend the parent teacher meetings and other functions of the minor in school, subject to the condition that she will not create any embarrassing situation for the minor or the petitioner in the school. In case she does so, then she shall be barred from attending the same. x) The above meeting schedule shall be followed by the parties in letter and spirit and subject to furnishing of surety bond of a person serving in the Federal Government in BPS-17 or above, in the sum of Rs.30,00,000/- by the respondent/mother . xi) None of the party is allowed to remove the minor from the jurisdiction of this court without prior permission of the court. xii) In case the meeting of the minor is skipped due to any reason beyond the control of the respondent/mother then the petitioner/father shall accommodate the respondent by meeting of minor on next day or any alternate day mutually agreed between the parties. xiii) Both the parties are directed to exchange their Whatsapp number , address and other necessary details through notice in writing. Furthermore, the parties shall be bound to keep their numbers switched on during the meeting. xiv) If the respondent/mother violates the meeting schedule intentionally , then after being proved, the respondent will be held disentitled to have the benefits of this meeting schedule for one month. Similarly , if the petitioner/father violates the meeting schedule for 02 consecutive meetings, then after being prove d, the custody of the minor will be shifted to the respondent/mother for the next one week." [Emphasis added].
4. Respondent No.1 filed an appeal against consolidated Judgment dated 27.11.2021 under Section 47 of the Guardian & Wards Act. On 15-01-2022, the learned Appellate Court/Respond ent No.2 passed the following Impugned Order: "Learned counsel for the appellant is stating that meeting of the minor with the appellant is not being held whereas learned counsel for the respondents is stating that the meeting was held yesterday outside the court premises. For resolution of dispute between the parties, operation of impugned order is suspended, however , the visitation rights given to the appellant/petitioner by the learned trial court during pendency of guardian petition shall remain intact. Learned counsel for the parties have requested for arguments on the appeal after bar election. In the interest of justice, an adjournment is given. Now to come up for arguments on the appeal on 02.02.2022." [Emphasis added].
5. Feeling aggrieved, the Petitioner filed present petition. Learned counsel for the Petitioner , inter alia, contended that the Impugned Order is bad in law; that the learned Appellate Court passed the Impugned Order without requisitioning the record of the learned Trial Court; that the learned Appellate Court while suspending the operation of the consolidated Judgment dated 27.11.2021, announced the visitation rights without having/holding any surety from Respondent No.1; that Judgment cannot be suspended partly and either visitation rights should have also been suspended or surety requirement should have also been kept intact; that the Impugned Order is not speaking order , illegal, without jurisdiction, and perverse to the law hence, liable to be set aside; that the Impugned Order has been passed without perusing the record. Learned counsel for the Petitioner prayed for acceptance of instant writ petition and setting aside of the Impugned Order dated 15.01.2022 declaring the same as illegal, unlawful, arbitrary , fanciful, and void ab-initio.
6. On the other hand, learned counsel for the Respondent No.1 vehemently opposed the arguments raised by learned counsel for the Petitioner and supported the Impugned Order . He relied on the case titled Muhammad Majid Iqbal Vs. Judge Family Court, Dunya Pur , 2021 CLC 644 and prayed for dismissal of the instant petition.
7. Arguments advanced on behalf of learned counsel for the parties have been heard and the documents, placed on record, examined with their assistance.
8. Examination of the record shows that in her appeal against the Judgment dated 27.11.2021, the Respondent No. 1 has prayed for setting aside of the said Judgment and for custody of the Minor to be handed over to her and to appoint her as guardian. Perusal of the Impugned Order shows that while the said Judgment has been suspended, visitation rights [as per the Judgment dated 27.11.2021] have been kept intact. Our reading of the Judgment shows that the visitation schedule is conditional upon furnishing of surety . Nowhere is it stated in the Impugned Order that the requirement of surety subject to which such visitation schedule had been ordered by the learned Family Court vide the Judgment dated 27.1 1.2021 has been suspended. Therefore, the instant writ is misconceived.
9. For the foregoing reasons, I do not find any merit in this petition, which is hereby dismissed, accordingly .