LAHORE, APRIL 21 (ONLINE): Lahore High Court (LHC) while announcing decision regarding custody of children has remarked mother will be entitled to custody of child despite her second marriage.
Justice Ahsan Raza Kazmi of LHC issued 4-page written order on the petition of Nazia Bibi.
The court nullified the decision of giving custody of 10 years old child from mother to father due to second marriage of mother.
It has been said in the decision welfare of children should be pivotal point in the cases of children custody; Generally mother has right to take custody of child. This right is confiscated if mother marries for the second time.
It is not a final decision that mother will stand deprived of children on her second marriage. In extra ordinary situation the court can hand over child to mother despite her second marriage for the sake of betterment of child.
It has been said in the decision it is fact the child is with mother since the very first day. Taking custody of child from mother due to her second marriage is not correct decision. Such hard decisoin can leave bad impact on the personality of child.
Judge maintained separation between husband and wife took place in 2016 in this case. Father filed claim in 2022 in connection with custody of child.
Father failed in telling in his claim as to why he did not file claim in six years.
It has been said in the decision that father filed claim for custody due to possible defeat in expenses claim.
Court annuls the decision of trial court on handing over custody of child to father.
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