LAHORE
Lahore High Court (LHC) has maintained with reference to custody of child that only mother is entitled to custody of child despite her second marriage.
Justice Ahsan Raza Kazmi of LHC issued 4-page written decision on the petition of Nazia Bibi.
It has been said in the decision the most vital point in the cases of custody of children should be welfare of children. Generally mother is entitled to custody of her children. When mother marries for the second time then this right is confiscated. But this is not a final principle that mother will become deprived of her children on her second marriage.
It has been said in the decision that court can hand over child to mother for the sake of betterment of child in extraordinary circumstances despite her second marriage.
In the present case it is fact that child is in the custody of mother from the day first. It is not correct decision to take over custody of child from mother because of her second marriage. Such harsh decision can affect badly the personality of the child.
It has been said in the written decision that separation between wife and husband took place in 2016 in the present case. Father filed claim regarding the custody of child in 2022.
Father failed to tell in his claim why he did not file claim till 6 years.
Father filed claim for custody due to possible defeat in the claim for expenses in regard to child.
The court maintained trial court gave decision without seeing the important points raised in the case. Therefore, court annuls the decision of trial court for handing over the custody of child to his father.
