Mst. Laila Rubab Versus District Judge, Chiniot

Order

Asim Hafeez, J .--- C.M. No. 1/2026.

This application seeks permission to place certain documents on record, having relevance to the matter. Application is allowed and the documents, annexed with the application, are taken on record, subject to all just and legal exceptions.

MAIN CASE.

2. Paternal grandmother and real mother are contesting claim of custody of minor daughters. Father of the minor is settled abroad. Custody of minor son is with grandmother and challenge thereto has been thrown, which proceedings are pending adjudication before court of competent jurisdiction.

3. Court of first instance granted custody of minor daughters to mother and appellate court reversed decision, which entrusted custody of minor daughters to grandmother on the premise of mother's second marriage and better financial position of grandmother, whose son is settled abroad.

4. Heard. Second marriage of minor's mother is not sole determinant of disqualification of the mother __ notwithstanding aforesaid mother has been divorced by subsequent husband. Likewise, better financial condition does not extend iron-clad rule for determining claim of custody. Father of minor daughters is abroad. Record depicts that grandmother is approaching advance age and she had to take care of her aging husband __ much older. No specific detrimental effect of minor's custody with mother was discussed by appellate court, which decision was largely influenced by mother's second marriage. Daughters need companionship of mother, who is available for raising them. I asked that who would take case of minor daughters in case of any disability encountered or mishap with grandmother __ whose health and physical capabilities are otherwise depleting quickly __ and learned counsel responded that minor's uncle. I am convinced that decision of the trial court is reasonable, rational and secures welfare of minor daughters which discussed factor of old age, assets in the name of grandmother and potential claimants of her estate. I find no cogent and convincing reason to disqualify mother. Decision of Guardian Judge is affirmed and that of appellate court is set-aside. This Petition is allowed in aforesaid terms.

MQ/L-3/L Petition allowed.