It is settled rule that the paramount consideration in the matter being the welfare of the minors when examining the question of custody,.............

 It is settled rule that the paramount consideration in the matter being the welfare of the minors when examining the question of custody, the real mother of the child is the pristine source of unconditional love and affection which nature has put into her heart for her children and for which there could be no other substitute. Daughters require company and association of their real mother for preparing their personalities to shoulder the responsibilities in the future. Welfare of the minors would of course play a pivotal role in determining the controversy in hand i.e. question of custody. The cumulative effect of the available evidence leads to the ineluctable conclusion that the welfare of the minors in this case lies with the mother Mst. Alia Sehar. Furthermore the respondent admitted in cross examination that pursuant to the previous settlement qua regular visitation of the minors with their father, the respondent was duly availing this arrangement. Considering all these factors it is observed that the custody of the minors with their mother who is an educated lady and is living with her mother in a joint family system with the maternal grandmother also around will be in the best interest and welfare of the minors.

W.P. No.61653 of 2020
Mst. Alia Sehr v. Mushtaq Ahmed and others



















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