Muhammad Rashid vs Bibi Fatima S — 2025 MLD 1751 QUETTA-HIGH-COURT-BALOCHISTAN

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Muhammad Rashid VS Bibi Fatima S.25---Constitution of Pakistan, Art.199 ---Custody of minor---Determining factors---Welfare of minor---Paramount consideration---Hizanat, right of ---The petitioner married respondent No.1 and out of the wedlock minor son was born, however, respondent No.1 (mother of minor) left petitioner's home and later filed a suit for custody before the family court which was dismissed granting custody to the mother---The petitioner (father of minor) filed an appeal before the District Court which was also dismissed---Being aggrieved the petitioner filed the present constitutional petition under Art.199 of the Constitution seeking custody of the minor ---Held: Prime consideration for deciding the present petition for custody of minor was the welfare of minor and nothing else---Admittedly, the minor was living with the respondent No.1/real mother since his birth and thus had developed great love and affection towards her and if at this stage, his custody was disturbed, it would adversely affect his upbringing---The respondent No.1 was the real mother of the minor and there was no substitute of a real mother on the earth---Lap of mother was considered as cradle of God, therefore, in the presence of real mother it would have been very harsh for the minor to be left at the mercy of anyone else---Besides, she (mother) had not yet contracted second marriage ---Admittedly, mother of a child always has natural love and affection for her children and also is the best guardian---This is the reason that Islamic law recognized the preferential right of mother to the custody of her minor children---Moreover, petitioner (father) being a government servant was often out of home and there was no female in the house to take care of the minor---Although mother has a right of Hizanat of a minor child till the age of seven years but as the Guardian Court enjoys loco parenti jurisdiction while deciding the custody of minor(s), therefore, no infirmity was found in the impugned judgments passed by courts below---It was clear from the record that respondent No.1(mother) was looking after the minor in an appropriate manner, while the minor was also studying in a good school and nothing was brought on record which could have indicated that the minor child was being brought up and looked after in a bad manner---Mere relationship of minor with petitioner (father) was not a sufficient ground to handover his custody to him and it would not be in interest of minor to put him in an alien environment where there was no one to properly look after him---Constitutional petition was dismissed, in circumstances.

Muhammad Rashid vs Bibi Fatima S — 2025 MLD 1751 QUETTA-HIGH-COURT-BALOCHISTAN

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