Petition for custody of minor daughter by father

 جن لوگوں کا عمومی خیال ہے کہ ماں کی شادی کی صورت میں کسٹڈی باپ کو لازمی مل جاتی ہے.

Mere fact of re- marriage of a mother of the minor would not ipso facto disentitle her from retaining custody of minor.

Citation Name  : 2018  CLC  273     LAHORE-HIGH-COURT-LAHORE

  Side Appellant : JAVED HASSAN

  Side Opponent : Mst. FARKHNDA YASMIN

S. 25- - - Petition for custody of minor daughter by father

- - - Re- marriage of mother of minor daughter

- - - Effect- - - Scope

- - - Father alleged that living conditions of the mother were not appropriate for daughter

- - - Welfare of the minor

- - - Scope- - - 

Father had contended that in the wake of second marriage with a person alien to the daughter, custody of a grown up daughter with mother would affect her psychological well- being

- - - mother contended that plaintiff had also contracted second marriage and daughter would have to face cruelty of step- mother 

- - - Validity- - - 

Record revealed that father had laid much stress on re- marriage of the mother in his evidence whereas mother deposed that she was in service being educated and daughter was also studying, moreover, she had no children from her second marriage 

- - - Validity- - - 

Mere fact of re- marriage of a mother of the minor would not ipso facto disentitle her from retaining custody of minor

Evidence had shown that father was a labourer and an illiterate person whereas mother was an educated lady and Hafiza- e- Quran

Father had no permanent source of income while mother was getting fixed salary working in health department

Daughter was about 16 years of age and father had failed to produce any evidence before Trial Court from which it could be inferred that living conditions of minor with her mother were not favourable for the minor

 No material could be brought on record which was adverse to the interest and welfare of the minor- - - Psychological and mental well- being of the minor was directly dependant on the love and affection imparted by a mother to her daughter

Father had failed to point out any illegality or infirmity in the impugned judgments

-Constitutional petition was dismissed.