Guardianship Judgments

 

Guardianship Judgments

2025 LHC 2078

WP:3974-24

NAZIA SADDIQUE VS ADJ ETC. 

Mr. Justice Syed Ahsan Raza Kazmi 

Announced in open Court on 09.04.2025

محض دوسری شادی  کرلینے کی بنا پر ماں کو حق حضانت سے محروم نہ کیا جا سکتا ہے

Mother's remarriage, however, does not ipso facto render her ineligible for custody of the minor. Writ Petition is allowed and concurrent findings of lower courts are reversed.

2025 MLD 401

The utmost priority of the Court in determining the custody of a minor is to see his/her welfare and well-being. This is the reason, law provides a parental jurisdiction to the Guardian Judge in such cases. The objective of the law is not just handing over the custody of the minor, but to examine all the aspects which are ancillary to it. The power and duty of the Court while considering the question of custody of a minor is to thoroughly and comprehensively take into consideration the minor's welfare. The word "welfare" in such cases is to be taken in its widest sense, which includes not only the monetary expenses of the minor but also his mental and physical health, educational needs, psychological well-being, religious and moral values. The Courts are duty bound to consider such cases in the best interest and healthy up-bringing of the minor which sometimes may yield the rights of the parents. No doubt according to certain Muslim jurists, custody of a minor son till the age of seven years may remain with the mother and in the case of minor daughter till she attains the age of puberty and thereafter, normally their custody should be restored to the father. However, it is an established principle of law that the paramount consideration in all such situations would be the betterment of the minor and even a mother may be deprived of the custody of a minor if circumstances of the case so allow. In the cases, concerning the custody of a child, the Guardian Court is not required to go into the intricacies/technicalities of the matter, rather is obliged to confine itself to the extent of the welfare of the child/minor, which is a paramount consideration.