Judgment of lahore high court declaring the father liable to maintain his child is published below.. Kindly read it to understand the custody law in Pakistan.
Citation Name : 2009 CLC 1010 LAHORE-HIGH-COURT-LAHORE Side Appellant : MUHAMMAD NAZIR Side Opponent : ADDITIONAL DISTRICT JUDGE, MIANWALI
S. 25---Constitution of Pakistan (1973), Art.199---Constitutional petition---Custody of minor--Two courts below having changed the custody of minor from the petitioner/father to respondent/mother, petitioner had impugned said concurrent judgments in the constitutional petition---Father had an obligation under law to provide maintenance to his minor child ren---Argument that mother had weak financial position as compared to the father, was misconceived---Father had contracted a second marriage and he would have to remain out of his house for considerable time in connection with his daily pursuits---Minor could not be left to the surveillance of step-mother who could never be substitute for the real mother---Real mother had inherent right to .keep her minor child ren close to her bosom---Intelligent preference of the minor while considering comparative rights of the real mother vis-a-vis the father, who had already contracted a second marriage, could be legitimate ly pushed to oblivion and that was what the two courts below had done---Well-reasoned findings of facts recorded by the two courts below, could not be interfered within constitutional petition.
