Mst. TAHIRA PARVEEN vs DISTRICT JUDGE, LAYYAH — 2022 MLD 1693 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 MLD 1693 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: Mst. TAHIRA PARVEEN vs DISTRICT JUDGE, LAYYAH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mst. TAHIRA PARVEEN VS DISTRICT JUDGE, LAYYAH ----Ss.17 & 25---Mother contracting second marriage---Right of custody---Ordinarily, a woman is entitled to custody of a minor but she forfeits her right of custody on contracting second marriage---Such rule is held not absolute and invariable as special consideration may require the custody of a minor to be retained by the woman despite having contracted second marriage---In Islam consideration of welfare of a minor is paramount and all rules of personal as well as other factors contributing to the entitlement of custody are ultimate guidebook for determining the welfare of minor---Disentitlement from custody due to second marriage is not an absolute rule---Remarriage of father and his having children from such marriage is also considered as an impediment.

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