Interim Injunctions as Instruments of Injustice in Visitation Matters

Abstract

Visitation disputes in Pakistan often leave minor children caught between custodial and non-custodial parents, while courts rely heavily on interim injunctions. These injunctions are frequently issued mechanically, often based solely on an affidavit, and usually ex parte. In practice, appellate courts routinely grant or extend such orders without fully considering the welfare of the child, causing long-term delays and depriving minors of meaningful contact with one parent. This study explores the misuse of interim injunctions in family law, arguing that they often violate constitutional protections under Articles 4, 9, 10-A, and 15. Family courts operate in loco parentis, with a quasi-parental responsibility toward minors. Suspension of visitation without thorough inquiry undermines not only statutory mandates under the Guardians and Wards Act, 1890 and the Family Courts Act, 1964 but also the emotional and psychological well-being of children, potentially leading to parental alienation, insecurity, and long-term behavioral issues.