ATTAUR REHMAN and another vs Mst. AZRA BIBI and another
This petition for leave to appeal arises out of a judgment of the Lahore High Court concerning the custody of a minor, Nazimur Rehman. The Guardian Judge initially awarded custody of the minor to the mother after recording evidence, which decision was subsequently upheld in appeal by the Additional District Judge and confirmed by the High Court in its constitutional jurisdiction. The core legal question pertained to the proper custody of the minor and the welfare of the child. The Supreme Court held that none of the courts below committed any illegality in awarding the custody of the minor to the mother, noting that the High Court rightly kept in view the welfare of the minor as a paramount consideration alongside Muslim Personal Law. The petition was accordingly dismissed.
- Whether the welfare of the minor is the paramount consideration in determining child custody matters?
- Can the High Court's constitutional jurisdiction be invoked against concurrent findings of lower courts in custody matters?
- Is the mother entitled to the custody of a minor under Muslim Personal Law and surrounding circumstances?
ORDER
1. ' GHULAM MUJADDID, J.--This petition for leave to appeal by Attaur Rehman and another against the judgment of the Lahore High Court dated 7-2-1989 pertains to the custody of Nazimur Rehman.
2. ' The Guardian Judge after recording the evidence led by the parties gave the custody of the minor to the mother. This order was upheld in appeal by the Additional District Judge. Even the High Cc -I in its Constitution jurisdiction confirmed the order of the Guardian Judge as well as Additional District Judge. The High Court kept in view the welfare of the minor which is of paramount consideration as well as the Muslim Personal Law.
3. We have heard learned counsel for the petitioner. We don't think any of the Courts below committed any illegality in giving the custody of the minor to mother. Dismissed.