Custody of Minor 

2021-02-20

Tags:

Latest Judgments on custody of minor

Latest judgements on Custody of  Minor from Superior Courts of Pakistan.
2020 MLD 368 LAHORE-HIGH-COURT-LAHORE
MUKHTAR AHMED SHAHZAD versus  MUHAMMAD ADEEL

S. 25—custody of minor—Welfare of minor—Second marriage by father—Contest between maternal grandfather and real father of minor—Scope—Petitioner / grandfather impugned order of Appellate Court whereby custody of minor granted to grandfather by Guardian Court, was set aside—Validity—Minor had been living with maternal grandfather since last six years when the minor’s now deceased mother had been abandoned by the husband / father—Husband / father had contracted second marriage out of which he had two child ren, therefore handing over minor to him would leave minor at mercy of step-mother—When a father contracted second marriage, his right for appointment as guardian in routine vanished, and the Court was supposed to be more cautious in such cases—Father, in the present case, had made no effort to see minor over the years, which showed his lack of interest in minor’s welfare—Grandfather was ready to arrange meeting of minor with real father—High Court set aside impugned order and held that petitioner / maternal grandfather was to be guardian of minor, and prescribed schedule / conditions of meeting of minor with father—Constitutional petition was allowed, accordingly.

2020 MLD 55 HIGH-COURT-AZAD-KASHMIR
Hafiz SHAHID KHAN versus  SADIA REHMAN

S. 17—custody of minor—Matters to be considered by Court—Scope—Paramount consideration while deciding the question of custody of the minor is the welfare of the minor which has to be seen in view of the age, sex and religion—Muslim Personal Law has also to be taken into consideration—Mother, under Sharia Law, is entitled to retain the custody of her male child until he attains the age of 7 years and custody of female child till her puberty—Mother’s right continues even though she is divorced—Where mother contracts second marriage, she loses the right of custody of her minor child —Where husband also contracts second marriage then the court has to see the convenience and welfare of the minor with more care.

2020 MLD 55 HIGH-COURT-AZAD-KASHMIR
Hafiz SHAHID KHAN versus  SADIA REHMAN

S. 25—custody of minor—Alien environment—Scope— Appellant/ father assailed order of Guardian Judge whereby his application for custody of minor was dismissed—Validity—Both the parents of minor had contracted second marriage—Minor had remained with her mother from her child hood; therefore, she was more familiar and akin to her mother as compared to her father—Mother was looking after the minor in an appropriate manner and the minor was also studying in the same school where her mother was teaching—Minor was a female child of 4 years of age, who required constant care of her mother—Nothing had been brought on record which indicated that the minor child was not being brought up and looked after in an appropriate manner—Father was performing his duties in Army, where he was not permanently stationed at one place—Putting minor in an alien environment was not in her interest—Paramount factor in case of female minor child was guidance of her mother which had no substitute as no one could look after the minor as compared to her mother—No infirmity or illegality was found in the impugned order—Appeal was dismissed.

2019 SCMR 520 SUPREME-COURT
MIR BAT KHAN versus  Mst. SHERIN BIBI

S. 25—custody of minor girl—Father worked as a labourer in a foreign country and the minor was looked after by her stepmother and a divorcee sister of the father—Father also had three child ren from his second wife—Mother had not married again after she was divorced by the husband—Family Judge interviewed the minor in court and it was observed that she did not recognize her mother—Fact that the child did not recognize her real mother should have alerted the First Appellate Court that the natural order had been disrupted; instead, this was used as a reason to deprive the mother of love of her daughter and the daughter of the love and care of her mother—High Court had directed the peaceful handing over of the minor to the mother but such direction had not been complied with even after three months, and the father continued to illegally retain the custody of the child —Resultantly, an innocent child continued to be deprived of the love and care of her mother—Supreme Court directed that the father was to immediately and peacefully hand over the minor girl to her mother, and in case he did not comply, the Social Welfare Department was to ensure that the child was handed over to her mother through an officer of the Department— Petition for leave to appeal was dismissed and leave was refused.

2019 SCMR 520 SUPREME-COURT 
MIR BAT KHAN  versus  Mst. SHERIN BIBI

S. 25—custody of minor—Matter of custody of minor decided by a ‘jirga’—Legality—Jirga had no legal authority to decide the custody of child ren and in doing so it violated the law and Islamic Injunctions—Mother could not be compelled to part with her child by a jirga; she could not be called upon to barter the right to her child’s custody to secure a divorce nor could a child be used to settle personal scores—Supreme Court directed the father to immediately and peacefully hand over the minor girl to her mother—Petition for leave to appeal was dismissed and leave was refused.

 2019 SCMR 520 SUPREME-COUR
MIR BAT KHAN versus  Mst. SHERIN BIBI

S. 25—custody of minor—Mother financially dependent on her parents—Poverty on part of mother—Relevance—Plea on behalf of father that the mother lived with her parents and was financially dependent on them, therefore, presumably she was not able to support the minor—Held, that such presumption was contrary to law since the father was legally obliged to maintain his child —Poverty on the part of a lady was no ground to disentitle her from the custody of minor—Supreme Court directed the father to immediately and peacefully hand over the minor girl to her mother—Petition for leave to appeal was dismissed and leave was refused.

Read More