Mother contracting marriage, has right to retain the custody of minors-

So far as the re-marriage of respondent No.1, it has been specifically laid down in PLD 2000 Peshawar 23, which reads as under:-
“Ss. 17 & 25—Retaining the custody of minor children---Mother contracting marriage, has right to retain the custody of minors---Scope----Marriage of mother with a person not related to the minors and who was a stranger, would not disentitle and disqualify her to retain the custody of the minors on such ground provided welfare of minors lay in their remaining in the custody of their mother---Mother was entitled to retain the custody in circumstances.”


Part Judgment  of
Lahore High Court
Writ Petition-Family-Guardianship
5828-13

2017 LHC 2776