Muhammad Bilal vs Hifza Jeelani S — 2025 YLR 2669 LAHORE-HIGH-COURT-LAHORE

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Muhammad Bilal VS Hifza Jeelani S. 25---Petition for custody filed by the father---Custody of minor---Right of father---Scope---Mother not re-marrying---Effect---Welfare of minor---Appellate Court set-aside order passed by Guardian Court giving findings that when a mother does not get remarried then hardly any scope is left for the father to retain custody of a child of a tender age---Validity---Record reveals that the Guardian Court, after going through the relevant record and discussing in detail each and every aspect of the matter, including welfare of the minor, allowed the petition filed by petitioner / father by chalking out a schedule for meeting of the minor with the mother, however, on appeal preferred by the respondent/mother, the Appellate Court set-aside the said order of the Guardian Court---Petitioner/father produced sufficient documentary evidence in the shape of his affidavit, proof of salary, school fee card, photos of minor whereas the respondent / mother had only tendered (got exhibited) one document in her evidence, i.e. school certificate of the minor---Admittedly, the petitioner/ father is serving as a Quran teacher at a reputed school and he is looking after his son/minor in a better way with improved lifestyle and higher quality of life, as is evident from the (exhibited)pictures, whereas the respondent/mother is residing in a village---Thus, the findings given by the Appellate Court are wrong that when a mother does not get remarried then hardly any scope is left for the father to retain custody of a child of a tender age---Paramount consideration in custody of a minor is the welfare of the minor and nothing else---Guardian Court has only/strictly considered the welfare of the minor in light of the documentary evidence produced by the petitioner/father, while dealing with the matter---High Court set-aside the impugned judgment passed by the Appellate/ District Court, being not sustainable in the eye of law---Constitutional petition, filed by father, was allowed, in circumstances. Citation Name: 2025 YLR 2669 LAHORE-HIGH-COURT-LAHOREBookmark this Case Muhammad Bilal VS Hifza Jeelani S. 25---Petition for custody filed by the father---Custody of minor---Right of father---Scope---Mother not re-marrying---Effect---Welfare of minor---Appellate Court set-aside order passed by Guardian Court giving findings that when a mother does not get remarried then hardly any scope is left for the father to retain custody of a child of a tender age---Validity---Record reveals that the minor is near to attaining the age of seven years, therefore, the petitioner, being real father and natural guardian, can claim his custody as a matter of right---High Court set-aside the impugned judgment passed by the Appellate/ District Court, being not sustainable in the eye of law---Constitutional petition, filed by father, was allowed, in circumstances.

Muhammad Bilal vs Hifza Jeelani S — 2025 YLR 2669 LAHORE-HIGH-COURT-LAHORE

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