WAHEEDA BASHIR KIYANI vs MUHAMMAD MUNSIF KHAN S — 2022 YLR 2201 SUPREME-COURT-AZAD-KASHMIR

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WAHEEDA BASHIR KIYANI VS MUHAMMAD MUNSIF KHAN S. 17---Matters to be considered by the Court in appointing guardian---Scope---Utmost priority of the Court in determining the custody of a minor is the welfare and well-being of the minor---Such is the reason, law provides a parental jurisdiction to the Guardian Judge in such cases---Objective of the law is not just handing over the custody of the minor, but to examine all the aspects which come with it---Power and duty of the Court while considering the question of custody of a minor is to thoroughly and comprehensively take into consideration the minor's welfare---Word "welfare" in such cases is to be taken in its widest sense, which includes not only the monetary expenses of the minor but also his mental and physical health, educational needs, psychological well-being, religious and moral values---Courts are duty bound to consider such cases in the best interest and healthy up-bringing of the minor which sometimes may yield the rights of the parents---No doubt, according to certain Muslim Jurists, custody of a minor son till the age of seven years may remain with the mother and in the case of minor daughter till she attains the age of puberty and thereafter, normally their custody should be restored to the father, however, it is an established principle of law that the paramount consideration in all such situations would be the betterment of the minor and even a mother may be deprived of the custody of a minor if circumstances of the case allow. Head NotesCase Description Citation Name: 2022 YLR 2201 SUPREME-COURT-AZAD-KASHMIRBookmark this Case WAHEEDA BASHIR KIYANI VS MUHAMMAD MUNSIF KHAN S. 17---Matters to be considered by the Court in appointing guardian---Scope---Courts will prefer the betterment of minor over that of parent's right in guardianship cases---Such principle allows the Guardian Courts to determine the custody of the minor on the basis of his interest which can lie with either of the parents. Head NotesCase Description Citation Name: 2022 YLR 2201 SUPREME-COURT-AZAD-KASHMIRBookmark this Case WAHEEDA BASHIR KIYANI VS MUHAMMAD MUNSIF KHAN S. 25---Custody of minor---Scope---appellant/mother assailed order passed by courts below whereby her application for custody of minors was dismissed and a guardianship certificate was issued in favour of the respondent/father---Validity---Serious allegations were levelled against the appellant in different FIRs, which were sub judice before the courts below---Such toxic state of affairs lead to an un-peaceful and unhealthy atmosphere which adversely affected the well-being of minors---Court was bound to make sure that the environment in which the minor was to be brought up was suitable for his health, religious and moral well-being and did not in any way harm his mental and physical health or his religious and moral values---Spouses had segregated and the appellant had married to another person---Minors were school going grown-up boys living with their father since long and they could be better looked after by their father rather than appellant---Trial Court after due appreciation had issued the guardianship certificate in favour of the respondent which was rightly upheld by the High Court---appeal was dismissed. Head NotesCase Description Citation Name: 2022 YLR 2201 SUPREME-COURT-AZAD-KASHMIRBookmark this Case WAHEEDA BASHIR KIYANI VS MUHAMMAD MUNSIF KHAN S. 17---Matters to be considered by the Court in appointing guardian---Scope---Court has to consider the character and capacity of the proposed guardian. Head NotesCase Description

WAHEEDA BASHIR KIYANI vs MUHAMMAD MUNSIF KHAN S — 2022 YLR 2201 SUPREME-COURT-AZAD-KASHMIR

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