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

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

Muhammad Rashid VS Bibi Fatima Ss.7 & 25---Custody of minor---Factors disqualifying spouses from custody of minor---Second marriage by a spouse---Effect---Welfare of minor as paramount consideration---Principle---Though a mother is entitled to the custody (Hizanat) of her minor child but such right discontinues when she takes second husband, who is not related to the child within the prohibited degree and is a stranger in which case the custody of minor child belongs to father---However, this may not be an absolute rule but it may be departed from, if there are exceptional circumstances to justify such departure and in making such departure the only fact which the court has to see is that where the welfare of minor lies and there may be a situation where despite second marriage of the mother the welfare of minor may still lay in her custody---Additionally poverty has also not been considered a valid ground for disentitling the mother from custody of the minor---In terms of S.7 of the Guardians and Wards Act, 1890 the paramount consideration for the court in making the order of appointment of guardian of minor is that it should be satisfied that it is for the welfare of minor---Although it is an established law that father is a natural guardian of his minor child but indeed the court has to be satisfied while appointing the father as a guardian that the welfare of minor lies in the fact that he be appointed as a guardian and the custody of minor be delivered accordingly---There are many factors which may not entitle the father to the custody of minor, some of which are, where the father is habitually involved in crimes or is a drug or alcohol addict; maltreats his child/children; does not have the capacity or means to maintain and provide a healthy bringing up of his child/children; where the father deliberately omits and fails in meeting his obligation to maintain his child/children ---The factors noted above are not exhaustive and they may also not be considered as conclusive as each case has to be decided on its own merits in keeping with the one and only paramount consideration of welfare of minor.

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

Case information

Judgment text as reported

Other judgments reported in 2025 MLD