Mst. FOZIA TASLEEM vs ADDITIONAL DISTRICT JUDGE, KHANEWAL S — 2023 MLD 218 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 MLD 218 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: MLD
Parties: Mst. FOZIA TASLEEM vs ADDITIONAL DISTRICT JUDGE, KHANEWAL S
Subject matter: Family
Provisions referred to: S. 25---

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. FOZIA TASLEEM VS ADDITIONAL DISTRICT JUDGE, KHANEWAL S. 25--- Islamic Law--- Hizanat---Custody of minor---Welfare of minor---Determination---Such is always hard and difficult to establish right of father or mother regarding custody of a child on the touchstone of welfare---Term "welfare" is an overarching concept which includes material, intellectual, moral and spiritual well-being of child---Welfare of a child is to be determined on the basis of evidence on record and circumstances of each case---Prescribed principles of custody (Hizanat) have to be followed yet such principles in favour of father or mother can be deviated in the supreme interest of child measured on the exclusive yardstick of welfare---No absolute right vests with father or mother regarding custody of child---In presence of rival claims, supreme welfare of child is to be determined on the basis of evidence on record and prevalent circumstances of a particular case.

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