“It is not the duty of the Guardian Judge to
find out the right of mothers or fathers
regarding custody of minors but the real
duty of the concerned Court is to search
out in whose custody the welfare of minor
lies. Large number of facts have to be
taken into consideration with reference to
the real concept of welfare of minors, such
as factors of health, educations, mental
affiliation of minors with custodian’s religion, sex, age, expected efforts of
remarrying by the divorcee or divorce
upon minors etc. Male minors and female
minors have different psychologies. The
female minor requires longer association
of her mother till for puberty on account of
several reasons. For example, in our
society, the female child is usually bashful,
mostly tender hearted and symbol of
delicacy in her nature. Such female child is
not expected to disclose the signs of
awakening of her sex to her father. On
account of this reason, a female minor
must remain with her mother provided she
does not lose her right of Hizanat on
account of certain established rules and
principles.”
Part Judgment of
Lahore High Court
Writ Petition-Family-Guardianship
5828-13
| 2017 LHC 2776 |
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