The Lahore High Court has struck down a Rs700,000 surety condition imposed on a mother in a child custody case.
The ruling concerns the temporary custody of a young child and the restrictions placed on the mother. Justice Asad Ali Bajwa issued the 10-page verdict on a petition filed by Misbah Bibi.
The court ruled that jurisdiction exercised under Section 491 of the Code of Criminal Procedure cannot exceed that of a subordinate court.
The judgment also clarified the limits of temporary custody proceedings under Section 491.
LHC Clarifies Temporary Child Custody Jurisdiction
According to the judgment, temporary custody of a child falls within the jurisdiction of the Guardian Court. The court observed that powers exercised under Section 491 of the Code of Criminal Procedure remain emergency and temporary.
Therefore, such proceedings cannot replace the jurisdiction of the Guardian Court. The Guardian Court has authority over permanent and interim custody matters.
It also has jurisdiction to decide issues concerning guardianship. The ruling consequently distinguishes emergency custody relief from broader custody proceedings.
Court Removes Rs700,000 Surety Requirement
The Lahore High Court also addressed restrictions imposed after temporary custody was granted to the mother.
The judgment stated that unnecessary restrictions cannot be imposed after temporary custody of a young child is handed to the mother.
The court further held that disproportionate restrictions on the movement of the child and mother conflict with constitutional freedoms.
As a result, the Rs700,000 surety bond requirement was abolished. The ruling provides clarity on how temporary custody orders should operate after a child is handed to the mother.
Guardian Court Holds Custody Jurisdiction
The LHC clarified that the Guardian Court remains the appropriate forum for custody and guardianship matters. It can decide both permanent and interim custody disputes involving a child.
Meanwhile, Section 491 proceedings serve an emergency and temporary purpose. The judgment therefore places limits on the powers that can be exercised under that provision. The court’s ruling also emphasises that temporary custody should not lead to disproportionate restrictions.
According to the judgment, such restrictions can affect the constitutional freedoms of both the mother and child. The decision came in a petition filed by Misbah Bibi and was delivered by Justice Asad Ali Bajwa.
The 10-page verdict addresses the relationship between emergency custody proceedings and the jurisdiction of the Guardian Court.
It also removes the Rs700,000 surety condition previously imposed on the mother.
The ruling provides further clarification on temporary child custody and the limits of restrictions imposed during such proceedings.
