LAHORE: The Lahore High Court has observed that when a minor attains the age of legal majority, he/she cannot be compelled to meet someone against his/her wishes, even if such other person is his/her real father.
The court passed this order in a petition of Shamim Ismail challenging the decision of an appellant court directing the minor Sameen Rasool to meet her father, Abdul Rasool Qadri, at his residence.
The court observed that the protection of the minor and the jurisdiction of the courts continue so long as the “ward” is minor.
The court further observed that the moment the legal disability transforms into the legal capacity upon attaining the age of majority, the jurisdiction of the guardian court ceases to exist, along with the power of the guardian appointed by the guardian court.
The court said law, in its wisdom, envisages that once a minor attains the age of majority, he becomes sui juris, and it is believed that such a person is well aware of the consequences of his/her acts and omissions.
He/she is also vested with certain fundamental rights under the Constitution to decide what is in his/her best interest. He cannot be compelled to meet someone against his/her wishes, even if such other person is his/her real father, the court added.
The court said the moment, at any stage of the proceedings in a guardian case, the minor attains the age of majority, it becomes infructuous as the courts cease to have jurisdiction under the Family Act and cannot pass any directions.
The court held, since on attaining the age of majority, the guardian court ceases to have any jurisdiction, the constitutional jurisdiction of this court also comes to an end.
The court held that the matter has become infructuous and it lacks jurisdiction to issue any direction compelling the erstwhile minor to meet the respondent (her father).
The court disposed of the petition as the minor has also shown her complete disinclination to see the respondent and contends that the respondent has neglected her and has neither any bonding with the latter nor does she expect any love and affection or other benefit from the respondent.
Copyright Business Recorder, 2023
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