Citation Name : *2021 YLR 1989 LAHORE-HIGH-COURT-LAHORE*
Side Appellant : SAROSH SIKANDER
Side Opponent : GUARDIAN JUDGE, LAHORE
Ss. 8 & 12- - - Family Courts Act (XXXV of 1964), S. 5, Sched.- - - Interim custody of minor- - - 'Parent'- - - Scope- - - Application moved by grandparent- - - maintainability - - - Respondent (grand- mother of the minor) instituted application for interim custody and visitation rights of minor girl, whereas the petitioner (mother of the minor) filed application for rejection of the same on the ground of maintainability - - - guardian Court rejected the application of petitioner- - - Petitioner invoked constitutional jurisdiction of the High Court contending that only the parents could request for the visitation right of the minor as the 'grandmother' was not covered in the definition of 'parent'- - - Validity- - - Record revealed that parents of the minor got married to each other but , soon after the birth of minor, the divorce was effected- - - Intensity of estrangement was so high that a criminal case was got registered on the behest of father of the petitioner which though was later cancelled- - - Father of the minor was a foreign national, who came back after the birth of child to see new- born child and to reconcile but the efforts failed and he returned abroad after pronouncing divorce- - - Petitioner had referred to definition of the word 'parent' from dictionaries, which included adoptive parents, but such concept was not recognized in Islam- - - Keeping in view the fact in the present case that neither the real father of the minor had come forward with any definite plea nor the effort was made to implead him as a party, his tacit approval could be presumed- - - *Proceedings before the guardian Court were for the visitation right of the minor only, therefore, the application filed by the grandmother was competent*- - - Constitutional petition dismissed, in circumstances.
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