“…The Courts, subject to the welfare of minor,
always determine the question of custody of minor
child in the light of the governing principle of
Muhammadan Law but mere fact that the father
becomes entitled to get custody of minor or mother
has lost the right of Hizanat, is not a sole criteria to
decide the question of the custody of minor. This
Court in Firdous Iqbal v. Shifaat Ali 2000 SCMR 838
having discussed all the above questions raised before
us in the light of Muslim Personal Law and the
provisions contained in Muhammadan Law by Mulla,
has held that notwithstanding the right of father for
custody of minor under Muslim Personal Law, this
right is always subject to the welfare of the minor
which is the paramount consideration for determining
the question of custody of minor.
4. We having considered the matter in the light of
law laid down by this Court and the principles of
Muhammadan Law, find that in the given facts and
peculiar circumstances of the present case, it would
not be in the interest and welfare of minor to handover
her custody to father rather the welfare of minor
would lie in her custody with her mother…”
Part Of judgment of
LAHORE HIGH COURT, MULTAN BENCH, MULTAN
Writ Petition-Family-Guardianship
1795-20
| 2020 LHC 162 |
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