LHC turns down plea of its limited territorial jurisdiction
The Lahore High Court turning down the plea of “territorial jurisdiction of the principal seat” handed over minors to their mother after recovering them from their father’s custody who had taken them to Rawalpindi with the belief that the venue is out of the reach of the LHC.
The legal battle continued for more than two months in court of Justice Tariq Saleem Sheikh between the counsels of both sides on a point whether or not the Lahore High Court Lahore (which is the principal seat of other benches) could take up a matter that apparently falls under the jurisdiction of the Lahore High Court’s Rawalpindi Bench. A man took the children from his wife and left Sarai Alamgir area for Rawalpindi where he filed a petition for becoming the guardian of the minors.
The petitioner woman’s counsel, Ghulam Mustafa Chaudhry, argued before Justice Tariq Saleem Sheikh that the guardianship petition was filed merely to create hurdles for the woman who could not fight the legal battle in Rawalpindi.
The matter was being complicated through different designs so that the mother of the minors could be restrained from demanding the children’s custody.
The respondent husband’s counsel implored the court that the matter was running in the jurisdiction of the Rawalpindi bench so the LHC (principal seat) could not intervene into the jurisdiction of another bench.
Senior advocate Ghulam Mustafa Chaudhry argued that the LHC Lahore (principal seat) has the power to get implemented its orders across the Punjab.
Meanwhile, he presented citations of the judgments of superior courts wherein similar points had been discussed.
While the counsel of the respondent side continued arguing that the matter was running in Lahore High Court Rawalpindi Bench so the LHC Lahore (principal seat) could not entertain a case which falls under another bench.
Finally, Justice Tariq Saleem Sheikh admitting arguments of the petitioner’s counsel, Ghulam Mustafa Chaudhry, handed over the minors to their mother after recovering them from their father’s custody.
A writ petition was filed in the LHC Lahore (principal seat) on September 23, 2021 seeking custody of the minors after recovering them from their father. Justice Tariq Saleem Sheikh directed the SHO of Sadar Sarai Alamgir to produce the minors who informed the court that the respondent along with the minors had shifted to an unknown place.
Published in The Express Tribune, November 27th, 2021.