Poverty of mother was no ground to disentitle her from the custody of the minor


S. 25—Constitution of Pakistan, Art.199—Constitutional petition—custody of minor —Welfare of minor —Determination—second marriage of mother—Effect—Scope—Courts below handed over custody of minor to father—Validity—Courts below took into consideration the second marriage of mother and age of minor —While deciding custody of minor , welfare of minor , and nothing else, was the paramount consideration—Courts below were not justified in disturbing the custody of minor —Father admitted that suit for recovery of maintenance allowance of the minor had been decreed against him—Real mother could not be deprived of her son due to her second marriage —Father filed application for custody of minor subsequent to passing of decree of maintenance allowance against him—Father was least interested in welfare of minor , rather, he filed the application for custody of minor in order to frustrate the decree of maintenance allowance passed against him—minor was growing up properly and getting proper education in a private school—minor was living with his mother since birth and had developed love and affection for her—Disturbance in custody at this stage would psychologically tell upon his personality in future—No substitute to real mother—Lap of mother was cradle of God—Remarriage of the mother, ipso facto, would not disentitle her from retaining the custody of minor —Poverty of mother was no ground to disentitle her from the custody of the minor —Islamic law was subservient to the welfare of the minor —Petition was allowed—Application of father for custody of minor was dismissed.

Side Appellant : Mst. RABIA BIBI
Side Opponent : ABDUL QADIR

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