In “Sardar Hussain v. Mst. Parveen Umer and six others”
(2003 YLR 3054) while considering the objection on the
basis of second marriage of the mother, in custody
matters, it was observed that:
“6. The second plea is also not sufficient to disentitle
the respondent No.1 from having the custody of the
minors. She was deserted along with the 3 minors and
was thrown into a tide of hostile social conditions with
uncertain future and that too within our male
dominated society thus she legitimately felt insecure
and defenceless was therefore justified to contracting
second marriage for securing her own future as well as
of the minors.
As discussed above, the petitioner did not pay
a single penny to respondent No.1 for the maintenance
of the 3 minors and the present husband took on
himself such responsibility without any hesitation and
exception. The minors have been brought up by this
way by their mother with the help of the present
husband, therefore, the second marriage could not be
made a ground to disentitle the mother to the custody
of the minors.”
Part Of judgment of
LAHORE HIGH COURT, MULTAN BENCH, MULTAN
Writ Petition-Family-Guardianship
1795-20
| 2020 LHC 162 |
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