Child custody case: LHC strikes down Rs700,000 surety condition
The Lahore High Court has issued an important ruling regarding the custody of a young child, abolishing the condition requiring the mother to furnish surety bonds worth Rs700,000.
Justice Asad Ali Bajwa announced the 10-page verdict on a petition filed by petitioner Misbah Bibi. The Lahore High Court ruled that a court exercising jurisdiction under Section 491 of the Code of Criminal Procedure cannot exceed the powers of a subordinate court.
According to the judgement, the issue of temporary custody of a child falls within the jurisdiction of the Guardian Court. The court observed that the powers exercised under Section 491 (Code of Criminal Procedure) are emergency and temporary in nature.
The judgement stated that after temporary custody of a young child has been handed over to the mother, unnecessary restrictions cannot be imposed on her. It further held that disproportionate restrictions on the movement of the child and mother are contrary to constitutional freedoms.
The court clarified that the Guardian Court has jurisdiction to decide matters relating to permanent or interim custody and guardianship.
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