As per Lawkidunya, Here are some key cases and precedents related to temporary custody in Pakistan:
Key Cases For Temporary Custody in Pakistan
1. PLD 1957 Lahore 551: The Lahore High Court held that temporary custody orders can be granted in emergency situations, such as when the child is at risk of harm or neglect.
2. PLD 1974 SC 574: The Supreme Court of Pakistan held that temporary custody orders must be made with the child’s welfare and best interests in mind.
3. PLD 1985 Karachi 344: The Sindh High Court held that temporary custody can be granted to a third party, such as a grandparent, if it is in the best interests of the child.
4. PLD 1992 Lahore 1: The Lahore High Court held that temporary custody orders can be modified or revoked if circumstances change.
5. PLD 2001 SC 313: The Supreme Court of Pakistan held that temporary custody orders must be made after considering the child’s wishes, if the child is old enough to express a preference.
Precedents of Temporary Custody in Pakistan
1. Ex parte orders: Pakistani courts have established the precedent of granting ex parte orders in urgent cases, where the child’s safety is at risk.
2. Temporary custody during trial: Courts have established the precedent of granting temporary custody to one parent during the trial, pending the final decision.
3. Custody to third parties: Courts have established the precedent of granting temporary custody to third parties, such as grandparents, if it is in the best interests of the child.
4. Modification of temporary custody orders: Courts have established the precedent of modifying or revoking temporary custody orders if circumstances change.
These key cases and precedents provide guidance on the principles and procedures governing temporary custody in Pakistan, emphasizing the importance of prioritizing the child’s welfare and best interests.
