Friday, 10 August 2012

Father is not entitled for child custody in case of common law marriage



  Citation Name  : 2011  PLD  423     LAHORE-HIGH-COURT-LAHORE
  Side Appellant : ROSHNI DESAI
  Side Opponent : JAHANZEB NIAZI
                       
                        Custody of minor---Common Law marriage by parents of the minor---Question of minor's custody has to be addressed by reference to his status under the applicable Pakistan law, more appropriately the Islamic law, which does not recognize a Common Law marriage or partnership as a valid marriage with the result that a child  born to parents, having a Common Law marriage, is born outside marriage and cannot be regarded as a legitimate child ---Under Islamic Law, father of an illegitimate child  has no legal tie with the child  even though he is the biological father and the blood tie between the two is undisputed---Mother of an illegitimate child  is not only entitled to the custody of the child  but is also regarded as the guardian of the child  to the total exclusion of the father---Non-Muslin mother suffers no disability as Islamic Law allows a non-Muslim mother to exercise the same rights of custody as are enjoyed by a Muslim mother---Principles.

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