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Raja MUHAMMAD OWAIS vs Mst — 2022 SCMR 2123 SUPREME-COURT

Case information

Citation
2022 SCMR 2123 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
Raja MUHAMMAD OWAIS vs Mst

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

Raja MUHAMMAD OWAIS VS Mst. NAZIA JABEEN Ss. 17 & 25---Custody of children---Mother contracting second marriage---Effect---Although the general rule (as contained in paragraphs 352 and 354 of Principles of Muhammadan Law By D F Mulla) is that the mother on contracting a second marriage forfeits her right of custody, this rule is not absolute and if it is in the interest of the child, custody should be given to the mother---Paramount consideration where custody is concerned is the welfare of the minor, that is to consider what is in the best interest of the child---In cases of remarriage, circumstances change, hence, while looking at the welfare of the child, the entire living arrangement and environment has to be reassessed in the context of the welfare of the child---Fundamental to such decision is the best interest of the child and not that of the parents---Hence, a second marriage of the mother cannot become a stand alone reason to disqualify her right to custody.

Other judgments reported in 2022 SCMR

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