Lahore High Court Declines Interim Custody in Child Custody Dispute, Directs Guardian Court to Expedite Proceedings

Islamabad 10-01-2025: The Lahore High Court, in a Constitutional Petition [W.P. No. 89 of 2025], declined to intervene in the interim custody of two minors, emphasizing the jurisdiction of the Guardian Court in such matters. Mr. Justice Muzamil Akhtar Shabir ruled that habeas corpus proceedings are summary in nature and should not prejudice the rights of parties already engaged in specialized forums.

The Petitioner, Hamna Fahad, sought the recovery and custody of her two children, Mirha Fahad (6) and Ismail Fahad (8), alleging that her estranged husband, the children’s father (Respondent No. 3), forcibly took them along with her personal documents upon their arrival in Lahore from Dubai on January 1, 2025. The petitioner argued that her husband’s actions were illegal and improper and feared he might remove the children from Pakistan.

The Court noted that the father had secured an interim custody order from the Guardian Court on January 2, 2025, under Sections 7 and 25 of the Guardian and Wards Act, 1890. The Lahore High Court held that while it has jurisdiction in habeas corpus matters, the Guardian Court is the appropriate forum to adjudicate custody disputes comprehensively.

Mr. Justice Muzamil Akhtar Shabir emphasized that habeas corpus proceedings are limited to urgent relief and are not meant to resolve complex factual disputes. Referring to precedent cases, the Court stated that intervention in such matters must be limited to exceptional circumstances.

The petitioner relied on:

1. Gull Arzoo Vs. SHO, Multan (2015 YLR 1765): Lahore High Court granted custody to the mother due to the child’s dependence.
2. Mirjam Aberras Lehdeaho Vs. SHO, Lahore (2018 SCMR 427): Custody restored to the mother after removal through deception.
3. Nisar Muhammad Vs. Sultan Zari (PLD 1997 SC 852): Custody restored to the mother following unlawful removal.

The Court also referenced Muhammad Rafique Vs. Muhammad Ghafoor (PLD 1972 SC 06) and reiterated that habeas corpus jurisdiction must be sparingly exercised in custody disputes.

Final Directions

1. The Court restrained the father from removing the minors from Pakistan without the permission of the Guardian Court.
2. It advanced the Guardian Court’s hearing date to January 4, 2025, to expedite the matter.
3. It directed the Petitioner to pursue her concerns, including the children’s passports, in the Guardian Court.

The Lahore High Court disposed of the petition, refraining from making substantive findings on custody to avoid prejudicing the Guardian Court’s jurisdiction. The judgment underscores the importance of adhering to specialized legal forums in family law disputes while ensuring the welfare of minors remains paramount.

This judgment sets a precedent for balancing habeas corpus jurisdiction with respect for specialized family law forums.

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