Re marry would not disentitle mother from retaining the custody of minor

Re marry would not disentitle mother from retaining the custody of minor (Mujjan Ali Panhwar )

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