๐๐ก๐ ๐๐ข๐ ๐ก๐ญ๐ฌ ๐จ๐ ๐ญ๐ก๐ ๐๐๐ซ๐๐ง๐ญ๐ฌ ๐ข๐ง ๐๐ฎ๐ฌ๐ญ๐จ๐๐ฒ ๐๐๐ญ๐ญ๐๐ซ๐ฌ ๐๐ซ๐ ๐๐ฎ๐๐ฌ๐๐ซ๐ฏ๐ข๐๐ง๐ญ ๐ญ๐จ ๐ญ๐ก๐ ๐๐ข๐ ๐ก๐ญ๐ฌ ๐จ๐ ๐ญ๐ก๐ ๐๐ข๐ง๐จ๐ซ/๐๐ก๐ข๐ฅ๐.
๐๐ก๐ ๐๐๐ฅ๐๐๐ซ๐ ๐จ๐ ๐ญ๐ก๐ ๐๐ข๐ง๐จ๐ซ/๐๐ก๐ข๐ฅ๐ ๐๐ฎ๐ฌ๐ญ ๐๐๐ค๐ ๐๐ซ๐๐๐๐๐๐ง๐๐ ๐จ๐ฏ๐๐ซ ๐๐ฅ๐ฅ ๐จ๐ญ๐ก๐๐ซ ๐๐จ๐ง๐ฌ๐ข๐๐๐ซ๐๐ญ๐ข๐จ๐ง๐ฌ, ๐๐ง๐๐ฅ๐ฎ๐๐ข๐ง๐ ๐ญ๐ก๐ ๐๐ฎ๐ฌ๐ญ๐จ๐๐ฒ ๐๐ข๐ ๐ก๐ญ๐ฌ ๐จ๐ ๐ญ๐ก๐ ๐๐๐ซ๐๐ง๐ญ๐ฌ.
๐๐ก๐ ๐๐๐๐จ๐ง๐ ๐๐๐ซ๐ซ๐ข๐๐ ๐ ๐จ๐ ๐ญ๐ก๐ ๐๐จ๐ญ๐ก๐๐ซ ๐ข๐ฌ ๐๐ฅ๐ฌ๐จ ๐ง๐จ๐ญ ๐ ๐๐ญ๐๐ง๐-๐๐ฅ๐จ๐ง๐ ๐๐๐๐ฌ๐จ๐ง ๐ญ๐จ ๐๐ข๐ฌ๐ช๐ฎ๐๐ฅ๐ข๐๐ฒ ๐ก๐๐ซ ๐๐ซ๐จ๐ฆ ๐ญ๐ก๐ ๐๐ฎ๐ฌ๐ญ๐จ๐๐ฒ ๐จ๐ ๐ญ๐ก๐ ๐๐ข๐ง๐จ๐ซ: ๐๐ฎ๐ฌ๐ญ๐ข๐๐ ๐๐ญ๐ก๐๐ซ ๐๐ข๐ง๐๐ฅ๐ฅ๐๐ก ๐จ๐ ๐ญ๐ก๐ ๐๐
Custody of a minor is one of the most litigated and contested matter in family laws in our country. Time and again, the higher judiciary has held that the pivot to decide the issue of custody of a minor is to see where the welfare of the minor lies: whether it lies with the mother, the father or with a third party such as grandfather or grandmother etc. It is not to see it is whose right among the parents to have the custody of the minor.
The Supreme Court in this background has decided a custody case of a minor where both of the parents were contesting for the custody of the minor since 2017. The Court held that the subordinate judiciary must consider in custody cases that where the welfare of the minor lies, and the decide the case on this score alone. However, there could be numerous considerations and variables for determination of the welfare of the minor. The criterion for determination of welfare must not be a specific factor or fact of a given case, rather the courts must appreciate the whole facts and circumstances of the case and decide with whom the welfare of the minor lies among the parents.
The Court further clarified a very crucial aspect of the custody cases. In most of the case where the mother has contacted second marriage, it is asserted by the father that the custody of the minor shall prevail with him, not the mother as she has remarried. The Court held to this effect that second marriage of a mother is not a stand-alone reason to disqualify her from the custody of the minor. The Court went a step further and ruled that even a mother’s illiteracy, disability and financial statusย ย are also not the sole determinants for deciding the welfare of the minor.ย Other factors, such as the age, a minor’s preference if he/she can make judgment, religion, education, emotional attachment and environment etc must be taken into consideration.
The Court ends the judgment by issuing directions to the relevant state functionaries, the President, Governors, Chief Commissioner of Islamabad, for ensuring protection and welfare of children in the light of Articles 29 (3) and 35 of the Constitution. The Federal Judicial Academy was also directed to arrange special courses to train the family courts judges on how to decide the family matters in friendly and congenial environment.
c.p._3801_2022