Mst. PARVEEN AKHTAR vs MUHAMMAD ASHRAF
This matter concerns a petition for special leave to appeal filed by a mother challenging the custody of her minor children, which had been awarded to the father by the Guardian Judge and upheld by the High Court. The core legal question addressed was whether the custody of the minor children should be granted to the mother, who had remarried a stranger. Upon review, the Supreme Court noted that one of the children had attained the age of majority, rendering the issue of his custody moot. Regarding the remaining minor children, the Court held that the mother's remarriage to a stranger constituted a significant factor in determining the best interests of the children. Finding no legal infirmity or error in the reasoning of the lower courts, the Supreme Court dismissed the petition, affirming the custody order in favor of the father. The judgment reinforces the principle that a mother's remarriage to a stranger is a relevant consideration in custody disputes, often weighing against her claim for custody when balanced against the welfare of the minors.
- Does a mother's remarriage to a stranger affect her right to the custody of her minor children?
- Is the custody of a child who has attained the age of majority still a justiciable issue in custody proceedings?
ORDER
KARAM ELAHEE CHUHAN,J.--This case involves the question of the custody of three children viz. (i)
Naeem Akhtar, (ii) Muhammad Masoom Ashraf, and (iii) Mst.Shabana Noureen. The learned Guardian Judge vide his order, dated 18-3-1978 gave the custody of (ii) and (iii) to their father Muhammad Ashraf (respondent), and dismissed the application qua No.1 as he had become major.
2. The petitioner (mother of the children) filed an appeal being F.A.0. No.1.20 of 1978 which was dismissed by the High Court on 29-10-1979.
3. The petitioner has now come up in a petition for special leave to appeal against the same to this Court.
4. We have heard the learned counsel. We were told that Naeem Akhtar had attained majority and, therefore, no question regarding his custody in any manner is in issue. However, the case was pressed for the other two minor children. It may be mentioned that mother of the children has married a stranger, therefore, in these circumstances, we do not think that this is a fit case for grant of leave to appeal by this Court. Judgments of the Courts below are supported by sound reasons and the learned counsel has not been able to point out any infirmity therein.
5. The result is that this petition has no merit and is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
Cited by 6 cases
- Mst. Raees Begum vs Addl. District Judge, etc 2020 YLR 2575, 2020 LHC 162
- Mst. Zahida Nasreen vs Additional District Judge, Tehsil Malikwal, etc 2020 [M] C L R 1577
- Mst. RUKHSANA BEGUM vs ADDITIONAL DISTRICT JUDGE, MULTAN And 2 2011 YLR 2796
- RUKHSANA MALIK Versus ABDUL AZIZ 2004 PLD 801
- Mrs. SEEMA CHAUDHRY and another vs AHSAN ASHRAF SHEIKH and others 2003 PLD Supreme Court 877
- Mst. RAZIA Ball. vs DISTRICT JUDGE, BAHAWALNAGAR and 3 others 1992 CLC 1981