Re-marriage of mother

Citation Name : 2019 CLC 1787 KARACHI-HIGH-COURT-SINDH
Side Appellant : Mst. NOOR AFSHAN
Side Opponent : MUHAMMAD GHALIB
S.25---Custody of minor

---Welfare of minor

---Re-marriage of mother

---Visitation---Conduct of father---Non-payment of maintenance allowance

---Effect---Petitioner/mother assailed the order of Appellate Court whereby permanent custody of min or was given to the father/respondent

---Appellate Court had granted the permanent custody of minor to the father on the sole ground that the mother had remarried and was now living with her second husband

---Validity---
Held; such ground could have been applied had the subject min or been a girl---No other justifiable reason was assigned by the Appellate Court for granting permanent custody of a male min or of tender age to his father

---Observation of Family Court regarding the conduct of father being negligent and mala fide, was apparent in view of his continuous absence at the time of visitation ordered by the Family Court, impounding and blocking of his CNIC by Family Court and issuance of his non-bailable warrants by the Judicial Magistrate

---Father had not complied with the decree of maintenance passed by Family Court in favour of the subject min or---Grant of permanent custody of min or to respondent/father was not in the interest and welfare of the minor

---Respondent was, however, granted right of visitation, subject to certain conditions---Constitutional petition was allowed, in circumstances.