Principle of Muhammadan Law is that a Muslim father being the natural guardian of the minor.....

8. The learned Courts below while disturbing the custody of the minor mainly relied upon the fact that the petitioner has contracted second marriage and the minor has crossed the age of seven years as such she has lost her right of hizanat. It is settled principle of law that while deciding the application for custody of minor the paramount consideration is the welfare of the minor and nothing else Reliance is placed on case reported as Mehmood Akhtar ..Vs.. 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 is it 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.” 

 Part of Judgment : 

IN THE LAHORE HIGH COURT LAHORE 

WP- Family Law
14684-11

2014 LHC 5106