Reliance is placed on case reported as “Mehmood
Akhtar v. District Judge, Attock and 2 others”. (2004
SCMR 1839) wherein it has been laid down as under:-
"The right of custody of minor is not an
absolute right rather it is always subject to
the welfare of the minor. The Court in the
light of law, on the subject and facts and
circumstances of each case considers the
question of custody on the basis of welfare
of minors and there can be no deviation to the settled principle of law that in the
matter of custody of minor the paramount
consideration is always the welfare of
minor. No doubt general principle of
Muhammadan Law is that a Muslim father
being the natural guardian of the minor,
has the preferential right of custody of
minor but this rule is always subject to the
welfare of minor which is the prime
consideration in determination of the
question of custody."
Lahore High Court
Writ Petition-Family-Guardianship
5828-13
| 2017 LHC 2776 |
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