Friday, 10 August 2012

Father is liable to maintain his children

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.

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