The petitioner who was paternal grandmother and also
having statedly entered second wedlock herself after the
death of her husband, could not be given preference to the
real mother of the minors who since their birth was
looking after them and bringing up the children along
proper and better lines. In “Mst. Noor Afshan v.
Muhammad Ghalib and 3 others” (2019 CLC 1787) it
was observed as follows:
“…Learned appellate court granted permanent custody
of the minor to respondents No.1 on sole ground that
the petitioner has re-married and is now living with
her second husband. In my humble opinion such
ground could not be applied in the present case as the
same could have been applied had been subject minor
been a girl. Except for the above, no other justifiable
reason has been assigned by the learned appellate
court for granting permanent custody of a male minor
of tender age to his father…”
Part Of judgment of
LAHORE HIGH COURT, MULTAN BENCH, MULTAN
Writ Petition-Family-Guardianship
1795-20
| 2020 LHC 162 |
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