Citation Name : 2018 CLC 273
LAHORE-HIGH-COURT-LAHORE
Side Appellant : JAVED HASSAN
Side Opponent : Mst. FARKHNDA YASMIN
- - - Re- marriage of mother of minor daughter
- - - Effect- - - Scope
- - - Father alleged that living conditions of the mother were not appropriate for daughter
- - - Welfare of the minor
- - - Scope- - -
Father had contended that in the wake of second marriage with a person alien to the daughter, custody of a grown up daughter with mother would affect her psychological well- being
- - - mother contended that plaintiff had also contracted second marriage and daughter would have to face cruelty of step- mother
- - - Validity- - -
Record revealed that father had laid much stress on re- marriage of the mother in his evidence whereas mother deposed that she was in service being educated and daughter was also studying, moreover, she had no children from her second marriage
- - - Validity- - -
Mere fact of re- marriage of a mother of the minor would not ipso facto disentitle her from retaining custody of minor
Evidence had shown that father was a labourer and an illiterate person whereas mother was an educated lady and Hafiza- e- Quran
Father had no permanent source of income while mother was getting fixed salary working in health department
Daughter was about 16 years of age and father had failed to produce any evidence before Trial Court from which it could be inferred that living conditions of minor with her mother were not favourable for the minor
No material could be brought on record which was adverse to the interest and welfare of the minor- - - Psychological and mental well- being of the minor was directly dependant on the love and affection imparted by a mother to her daughter
Father had failed to point out any illegality or infirmity in the impugned judgments
-Constitutional petition was dismissed.
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