Application of the Principles of Fair Play, Natural Justice and Due Process, in Guardianship / Child Custody Legal Proceedings in Pakistan

Abstract

Though as a general practice almost all the Guardian Courts appreciate the fact that the absence of interaction between the minor and his real Non Custodial Parent will result in estrangement between the minor and the parent, and for that reason consider a periodic meeting a necessity. Yet the courts fail to give valid reasoning why that very meeting between the minor and his non custodial parent (father) has to be conducted within the Court premises and for two hours, twice a month in sheer violation of the principles of fair trial, due process, and in terms of Section 24-A of the General Clauses Act 1897. It is further significant to note here that it is the fundamental and basic human right of a minor child to share love, affection and care of his mother as well as love, affection, company and guiding hand of his father. It is again a Fundamental Right of the minor child as well as that of the Non Custodial Parent (fathers mostly) that their dignity and subject to law, their privacy of home, shall be inviolable. Time and again, it is observed by the Honourable Supreme Court of Pakistan that the Right conferred under Article 14 of the Constitution dis not to any premises, home or office, but to the person, the man/ woman, wherever he / she may be. Reliance is placed at PLD 1998 S.C. 388 & 2010 PLD 119 Karachi.