According to the Fatawai Alamgiri the mother amongst all persons is the best person entitled to the custody of her minor children during the connubial relationship as well as after its dissolution, and similar is the position as laid down regarding the custody of the minors by the mother in Muhammadan Law, pages 222-223, Edition 1965. It is thus clear that this right belongs to the mother which cannot be taken from her except her own misconduct. Similarly, the tenderness of their ages or the weakness of their sex, renders a mother’s care necessary. Mohammdan Law supports the mother’s natural right qua the custody of the children and similarly according to the Hanafi doctrine the mother is entitled to the custody of their children until they arrive at puberty.
W.P. No. 49238 of 2021
Dr. Islam Ullah Khan Lodhi Versus CCPO, etc.
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