Second marriage of a mother is not an absolute rule to disentitle her from custody if welfare of the minor rests with her.

 2023 MLD 218

Second marriage of a mother is not an absolute rule to disentitle her from custody if welfare of the minor rests with her.

Custody of minor daughter aged 14 years was awarded to the mother.

Guardians and Wards Act ( VIII of 1890 ) --

Welfare of minor --- Determination --- Reluctance maintain minor --- Effect --- Petitioner / mother was aggrieved of order passed by Lower Appellate Court handing over custody of minor daughter to respondent / father --- Validity --- Minor had been raised and brought up since her birth by petitioner / mother --- Minor was more than 11 years of age when custody petition was filed by respondent / father --- No confidence inspiring evidence was on record to the effect that respondent / was much disturbed or eager regarding custody of minor --- Inability and reluctance of respondent to maintain the minor due to inadequate financial resources and lack of interest were proved --- Respondent / father was a labourer who had to go outside his house for work --- Indifference of respondent / father in meeting with minor and irregular payment was established --- of meager maintenance Petitioner / mother was entitled to custody of minor in supreme interest and welfare of minor --- High Court set aside judgment and decree passed by Lower Appellate Court who misread the evidence on record and restored that of Family Court --

Hizanat --- Custody of minor --- Welfare of minor --- Determination --- Such is always hard and difficult to establish right of father or mother regarding custody of a child on the touchstone of welfare --- Term " welfare " is an overarching concept which includes material , intellectual , moral and spiritual well - being of child --- Welfare of a child is to be determined on the basis of evidence on circumstances of each case --- Prescribed principles of custody ( Hizanat ) have to be followed yet such principles in favour of father or mother can be deviated in the supreme interest of child measured on the exclusive yardstick of welfare --- No absolute right vests with father or mother regarding custody of child --- In presence of rival claims , supreme welfare of child is to be determined on the basis of evidence on record and prevalent circumstances of a particular case .