Amjad Ali vs Additional District Judge, Pattoki S — 2025 MLD 773 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 MLD 773 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: MLD
Parties: Amjad Ali vs Additional District Judge, Pattoki S
Subject matter: Criminal
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

Amjad Ali VS Additional District Judge, Pattoki S. 25 --- Custody of minor --- agreement between the parents regarding custody --- Effect --- Custody of minor was concurrently denied to the fatherwhile discarding the agreement qua custody of the minor --- Validity ---Custody of the minor cannot be settled through a private compromise or even by arbitration and (custody) is liable to be determined on the touchstone of the principle of welfare of minor--Neither any agreement qua custody of the minor, which is in derogation of the right of a child with respect to his welfare nor contracting of a second marriage by divorced mother of the child is an impediment for such a mother to retain custody of her child--- Rather, the matter of custody is to be decided on the touchstone of the principle of welfare--- No illegality, infirmity or jurisdictional defect was found in the impugned judgments passed by both the Courts below for the reason that welfare of the minor was prime consideration to decide custody matters--- Constitutional petition, being merit-less , was dismissed, in circumstances.

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