LHC sets aside Rs700,000 surety bond condition in minor custody case

Lahore High Court Justice Asad Ali Bajwa has issued a significant 10-page judgment in a minor custody matter, setting aside

LAHORE: Lahore High Court Justice Asad Ali Bajwa has issued a significant 10-page judgment in a minor custody matter, setting aside a Rs700,000 surety bond condition and a restriction preventing the mother from taking the child outside the territorial jurisdiction of the lower court.

The judgment was issued on a petition filed by Misbah Bibi, who had challenged the conditions imposed by the Additional Sessions Judge, Sheikhupura, while ordering that custody of the minor be handed over to her.

The case concerns the custody of a minor child identified as “Kakshan.” The Additional Sessions Judge, Sheikhupura, had earlier directed that the child be handed over to the mother. However, the custody order was made subject to two conditions: the mother was required to furnish a surety bond of Rs700,000, and she was barred from taking the child outside the territorial jurisdiction of the court.

Misbah Bibi challenged these conditions before the Lahore High Court, arguing against the financial and geographical restrictions attached to the custody order.

After examining the petition and the circumstances of the case, Justice Asad Ali Bajwa set aside both conditions. The court declared the requirement of submitting the Rs700,000 surety bond and the restriction on taking the minor outside the territorial jurisdiction to be unsustainable.

With the removal of these conditions, the mother can retain custody of the child without being required to provide the substantial financial guarantee or remain restricted to the territorial limits imposed by the lower court.

The judgment has drawn attention to the manner in which additional conditions are imposed in custody proceedings. Legal observers said that custody cases require courts to give primary consideration to the welfare and best interests of the minor, while ensuring that procedural requirements do not unnecessarily obstruct a parent who has been granted custody.

The removal of the surety requirement is also significant because imposing a substantial financial bond can create difficulties for parents who may not have sufficient financial resources to arrange such a guarantee. In such circumstances, a condition attached to a custody order could potentially affect a parent’s ability to practically exercise the custody granted by the court.

The court’s decision also addresses the territorial restriction imposed by the lower court. By setting aside the condition, the High Court has removed the limitation that prevented the mother from taking the minor outside the specified territorial jurisdiction.

Legal experts have described the ruling as an important development in custody-related litigation, particularly concerning the balance between parental rights, procedural safeguards and the welfare of the child.

The decision reinforces the principle that conditions attached to custody orders should have a clear legal and factual basis and should not unnecessarily create barriers for a parent who has been granted custody.

The Lahore High Court’s ruling has consequently provided relief to Misbah Bibi by removing both the Rs700,000 surety bond requirement and the territorial restriction, allowing her to exercise custody of the minor without the conditions imposed by the lower court.

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