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.

2016 CLC 1460 LAHORE-HIGH-COURT-LAHORE
Side Appellant : Mst. RABIA BIBI
Side Opponent : ABDUL QADIR

Related Articles

What safety precautions should I take before buying property or real estate in Pakistan

What safety precautions should I take before buying property or real estate in Pakistan?   ¬†Before buying property in Pakistan a complete and thorough probe in respect of title of the seller to the real estate must be carried out. A general practice is to investigate title of the current seller and any previous owner. […]
Read more

Safety precautions before buying property in Pakistan 

Q. What safety precautions should I take before buying property or real estate in Pakistan? A. Before buying property in Pakistan a complete and thorough probe in respect of title of the seller to the real estate must be carried out. A general practice is to investigate title of the current seller and any previous […]
Read more

Attorney cannot transfer the property to himself

Attorney cannot transfer the property to himself or his kids & kin without special and specific consent and permission of the principal…… 2016 SCMR 1781(b)
Read more

Leave a Reply

Your email address will not be published. Required fields are marked *

Search for:
Law Society Pakistan Law Firm
Send via WhatsApp
Optimization WordPress Plugins & Solutions by W3 EDGE