Lawkidunya Banner

Custody of Minor 2013 CLC 601 Case Laws

Custody of Minor 2013 CLC 601 ,Custody of Minor Laws

Custody of Minor 2013 CLC 601 Case Laws, Section 25—Constitution of Pakistan, Art.199—Constitutional petition—Custody of minor—Contest between father and mother of minor—Father (petitioner) impugned order of Family Court whereby his petition under S.25 of the Guardian and wards act , 1890 for custody of minor was dismissed—Validity—Father had entered into a second marriage while the mother had not entered into a second marriage but devoted her remaining life to her son—After taking of the Custody of Minor from the real mother, the same could not be hand ed over to a step-mother—Minor, in the present case, had been with the mother from his birth and at the age of eleven years, a change of custody would damage the minor psychologically, which could not be considered to be in his welfare, as “lap of mother is the lap of God”—Contention that father was entitled to custody of minor on the ground that he was providing maintenance for the minor was no ground for claiming custody of minor as it was the absolute duty of a father to maintain his child, wherever the child lived—Poverty of a mother would not deprive her from the custody of her real child—Findings of courts below were correct—Constitutional petition was dismissed.

Leave a Reply

Your email address will not be published. Required fields are marked *