Mst. NAZIA GHUNIO vs NAVEED AHMED SADHAYO S — 2022 CLC 1829 KARACHI-HIGH-COURT-SINDH

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Mst. NAZIA GHUNIO VS NAVEED AHMED SADHAYO S.25---Custody of minor---Welfare of minor---"Lap of mother," defined---Scope---Petitioner (mother) assailed orders passed by courts below whereby custody of minor was handed over to his father (respondent)---Validity---Tilt for granting custody in normal circumstances shall always be in favour of the mother whose disability as well as poverty shall, in normal circumstances, not be of any consequences but all such things become weightless if it is, otherwise, proved that atmosphere which the minor shall enjoy the lap of mother would not be for his betterment---'Lap of mother' shall never be limited to her two hands but shall always include the place (house as well locality thereof) where she shall keep the child to grow (learn)---Growing child always learns from his surrounding as a whole, therefore, the term 'lap' in such like matter shall never be confined to its literal meaning---Petitioner was dependent upon her father and brother; her father, head of family, was not only addicted to charas but was also a convict; her brother was also facing charge of possessing narcotics and the petitioner intended to grow minor in house of her father as well in their company---Petitioner admitted that she allowed the child/minor to remain with her brother and father and even the minor was allowed to go outside of the house with said person(s)---If all said admitted facts were read together, it could safely, be concluded that if the custody was handed over to petitioner, the minor would have to grow in company of his uncle and maternal grandfather and not within lap (literally) of his mother alone---Such company, in no way, would be in the welfare and betterment of the minor---Courts below had rightly held that welfare of the minor lay with his father---Constitutional petition was dismissed.

Mst. NAZIA GHUNIO vs NAVEED AHMED SADHAYO S — 2022 CLC 1829 KARACHI-HIGH-COURT-SINDH

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