While dismissing appeal of a father seeking custody of his two minor sons, the Supreme Court held welfare of the minor is always prime consideration saying poverty is not a valid ground for disentitling a mother from custody of children.
In a significant ruling, a two-member bench of the Supreme Court (SC), comprising Chief Justice of Pakistan Justice Yahya Afridi and Justice Shahid Bilal Hassan expressed through a seven-page reported verdict, “The paramount consideration for the court in making the order of appointment of guardian of minor is that it should be satisfied that it is for the welfare of minor.
The bench further said that it is an established law that father is a natural guardian of his minor child/children, but indeed the court has to be satisfied while appointing the father as a guardian that the welfare of minor lies in the fact that he be appointed as a guardian and the custody of minor be delivered accordingly.
“There are many factors, which may not entitle the father to the custody of minor and some of the factors could, where the father is habitually involved in crimes or is a drug or alcohol addict, maltreats his child/children, does not have a capacity or means to maintain and provide for the healthy bringing up of his child/children or where the father deliberately omits and fails in meeting his obligation to maintain his child/children”, the bench noted.
