Custody of minor girl after second marriage of Mother

2020-02-09

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Citation Name : 2014 SCMR 343 SUPREME-COURT 
 
Side Appellant : SHABANA NAZ
 
Side Opponent : MUHAMMAD SALEEM
 
Ss. 7 & 25—mother ‘s claim for guardianship of minor daughter—Second marriage by mother with a person not related to minor within prohibited degree— Father having three children from second marriage —Validity—Mere second marriage by father would not disentitle him from getting custody of his minor daughter—mother , according to Islamic Law, despite being entitled to custody of her minor daughter would become disentitled, if she took second husband not related to minor within prohibited degree, thus, custody of minor in such case would belong to her real father—Nothing on record to show any exceptional circumstance disentitling father to custody of minor daughter—custody of minor daughter was directed to be handed over to her father in circumstances.
 
Citation Name : 2011 SCMR 148 SUPREME-COURT 
 
Side Appellant : Mst. AMMARA WASEEM
 
Side Opponent : Syed KHAWAR HUSSAIN
 
S. 25—custody of minor—Divorced mother of a minor, had contracted second marriage with a person residing in United States of America, and had left Pakistan, leaving the minor in Pakistan with his maternal parents, palpably, to join her second husband in USA and she had even manoeuvred to obtain immigration visa for the minor seemingly for no purpose other than taking him away for his superintendence to a place far flung from the one of the father, for which, no plausible reason could be of fered—Father had not remarried—mother , who was on family way, from her second marriage , in circumstances, was not entitled to the custody of minor and the father of the minor was entitled to have the custody in the larger interest and welfare of the minor which was always predominating condition in such-like cases.
 
 
Citation Name : 2015 YLR 917 SUPREME-COURT-AZAD-KASHMIR 
 
Side Appellant : Mst. SHAZIA KOUSAR
 
Side Opponent : NISAR AHMED
 
S. 25—Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42—Appeal to Supreme Court—Custody of minor—Welfare of minor—Re-marriage of mother —Effect—Opinion of minor—Scope—Trial Court accepted application for custody of minor filed by the mother but Shariat Court remanded the case for decision afresh on the ground that mother of minor had contracted second marriage during pendency of appeal before the said court—Validity—Welfare of minor was of paramount importance—Age of minor was 11 years and father had also contracted third marriage —Both mother and father of minor had contracted other marriage —Question of custody of minor had to be decided keeping in view the interest and welfare of the minor—Father never paid expenses to the minor—second marriage of mother did not disentitle her from the custody of minor—Father was not interested in the custody of minor who was in the custody of mother for the last about 8 years—Father had disentitled himself from the custody of minor due to his conduct—Welfare of minor was in the custody of mother —Opinion of minor had also to be considered if he was intelligent enough to form an independent opinion—Application for custody of minor could be decided on the basis of statement of minor—Judgment of Family Court was perfectly legal—Remand order passed by the Shariat Court was set aside—mother should provide an appropriate opportunity at a place mutually agreed to the father if he wanted to meet the minor or he might apply to the Family Court for such purpose.
 
 
Citation Name : 2013 CLC 568 SUPREME-COURT-AZAD-KASHMIR 
 
Side Appellant : ATTIQUE AHMED
 
Side Opponent : ADLA NOREEN
 
Ss. 17 & 25—Custody of minor aged 2 years—Contest between divorced mother of minor and his father living abroad having contracted a second marriage —Validity—Courts while awarding custody would keep in view welfare of minor coupled with age, sex and personal law—mother could look after her child in a better way—Minor was living with his mother since his birth—Minor needed full time care and attention, which could be provided by his real mother being a natural guardian under Islamic Law—Minor of such age could not be left at the mercy of a step-mother —Father’s claim for custody of minor was dismissed in circumstances.