2018 S C M R 1991

[Supreme Court of Pakistan]

Present: Mushir Alam, Faisal Arab and Sajjad Ali Shah, JJ

Mst. MADIHA YOUNUS---Petitioner

Versus

IMRAN AHMED---Respondent

Civil Petition No. 39-K of 2018, decided on 3rd September, 2018.

(Against the judgment dated 6.12.2017 passed by High Court of Sindh, Karachi in C.P. No. S-
2210 of 2017)

Guardians and Wards Act (VII of 1890)---

----S. 25---Custody of minors---Compromise/agreement between parents---Custodywith

mother---Visitation rights of father---Maintenance of minors---Comprehensive plan for custody,
visitation rights and maintenance of minors, and obligations of both parents issued by the
Supreme Court listed.
Supreme Court issued the following comprehensive plan with regard to custody,visitation rights
and maintenance of minors, and obligations of both parents:
(i) Both the minors shall remain with the mother.

(ii) On every alternate weekend minors may reside with the father, who
shall pickup the minors from the house of the mother on Friday at about 8:00 p.m.late
evening and shall drop the minors at the house of the mother on Sunday by01:00 p.m.
in the afternoon.

(iii) During summer vacations the custody of the minors shall be handed over to the father
on the 1st Sunday of the summer vacations so declared by theSchool/Government and
shall be returned to the mother at evening on the 4thSunday during the vacations so
that minors may have four weeks to spent withtheir father

(iv) Winter vacations were generally due from 21st December to 30thDecember. First
week of the winter vacation shall be spent by the minors withtheir father and second
week with the mother.
 (v) During Eid-ul-Fitr the minors shall celebrate Eid with their father fromchand raatat
8:00 p.m. till second day of Eid upto 08:00 p.m.

(vi) On Eid-ul-Adha the mother shall allow the minors to celebrate Eid withtheir father
who shall pick the minors from the residence of mother on the second day of Eid-ul-
Adha at 11:00 a.m. in the morning till 3rd day of Eid at10:00 p.m. or earlier.

(vii) Minors may spent alternate unscheduled holidays with their father from10:00 a.m. to
08:00 p.m. in the evening.

(viii) The father shall bear all expenses of the minors i.e. school fees, uniforms,van fees as
well as other miscellaneous expenses as may be needed for theminors.

(ix) In addition to such expenses the father shall also provide a sum of Rs.5,000/- per
month for each minor for their other personal needs andrequirements.

(x) In case there was any family occasion for which the father desired andwished that his
sons may also attend, he shall inform the mother who shall notunreasonably stop the
minors from attending such family events and/or functions.

(xi) Both the mother and father shall not do any act that may prejudice theminors' mind
towards the other parent.

Syed Ehsan Raza, Advocate Supreme Court for Petitioner.

Ishaque Sathi, Advocate Supreme Court for Respondent.
Date of hearing: 3rd September, 2018.
ORDER

MUSHIR ALAM, J.--- Madiha Younus-petitioner has impugned the judgment dated6.12.2017
passed by learned High Court of Sindh, Karachi in C.P. No. S-2210 of 2017whereby certain
arrangements were made as regards to minors two sons namelyHuzaifa Imran (date of birth
4.11.2006) and Aashad Imran (date of birth 17.10.2008).

2. It appears that petitioner-Madiha Younus and respondent No.1-Imran Ahmed couldnot

maintain matrimonial relationship that led to the present unpleasant litigation toclaim custody of
the minors. Both the parties, present in Court and represented by thecounsel. Learned counsel for
the respondent has proposed the compromise and statesthat terms and conditions of the
compromise are such that, if at all, custody is handedover to the respondent No.1-father he shall
ensure the visitation rights to the petitioner in the manner stated therein. According to him such
visitation rights are equally balanced and, if at all, the mother-petitioner
wants to retain the custody similar rightsmay be given to him.
3. We appreciate that both the learned counsel for the parties who have made efforts
in bringing about reconciliation between the parties accordingly following orders are passed:

i) Both the minors shall remain with the petitioner -Madiha Younus (mother).

ii) On every alternate weekend minors may reside with respondent No.1-1mranAhmed (father)
i.e. respondent No.1 will pickup the minors from the house of the petitioner on Friday at about
8:00 p.m. late evening and shall drop theminors at the house of the petitioner on Sunday by
01:00 p.m. in the afternoon.

iii) During summer vacations the custody of the minors to be handed over tothe respondent on
the 1st Sunday of the summer vacations so declared by theSchool/Government and shall be
returned to the petitioner in evening of the 4thSunday during the vacation so that minors may
have four weeks to spent withhis father i.e. respondent No.1.

iv) Winter vacations which are generally due from 21st December to 30thDecember. 1st week of
the winter vacation shall be spent by the minors withrespondent No.1 and 2nd week with the
petitioner.

v) In Eid-ul-Fitr the minors will celebrate Eid with his father respondent No.1from Chand Raat
of Eid-ul-Fitar at 08:00 p.m. till second day of Eid upto 08 p.m.

vi) In Eid-ul-Adha the petitioner will allow the minors to celebrate Eid-ul-Adhawith father i.e.
respondent No.1 who shall pick the minors from the residenceof petitioner on the second day of
Eid-ul-Adha at 11:00 a.m. in the morning till3rd day of Eid-ul-Adha at 10:00 p.m. or earlier.

vii) Unscheduled holidays the minors may spent alternate holidays withrespondent No.1-father
from 10:00 a.m. to 08:00 p.m. in the evening.

viii) The respondent No.1-father shall bear all expenses of the minors i.e.school fees, uniforms,
van fees as well as others miscellaneous expenses asmay be needed for the minors.

ix) In addition to such expenses the respondent No.1-Father shall also provide asum of
Rs.5,000/- per month each minor for their other personal needs andrequirement.

x) It may be observed that in case there is any family occasions in which therespondent No.1
desire and wish that his sons may also attend shall inform
the petitioner who shall not unreasonably stop the minors from attending suchfamily events and
or functions.

xi) It is needless to say that the minors are of such in impressionable age
and both the parents appears to be sensible and conscious of their socialresponsibility shall not
do any act that may prejudice their mind towards theother parents.

5. Accordingly, this petition is disposed of in the terms noted above.

MWA/M-21/SC Order accordingly.