Family

There is no cavil to the proposition that father is a natural guardian of a child; and in case of separation entitled to custody of male minor when he attains the age of seven years. Nevertheless, the courts in Pakistan decide the issue of custody of minor while taking into consideration; the wellbeing of the minor. In the case titled “SHABANA NAZ versus MUHAMMAD SALEEM” (2014 SCMR 343), the Hon’ble Supreme Court of Pakistan while taking this issue very elaborately delineated the factors disqualifying the father from the custody of minor. In the light of the judgement passed by the August Supreme Court of Pakistan; the father disqualifies from the custody of child if he is:

 

• Habitually involved in crimes
• A drug or alcohol addict
• Maltreats his child/children
• Not having a capacity or means to maintain and provide for the healthy bringing up of his child/children
• Deliberately omits and fails in meeting his obligation to maintain his child/children.

 

The judgement further provides that the factors noted above are not exhaustive and they may also not be considered as conclusive as each case has to be decided on its own merit while in keeping in view the only paramount consideration: welfare of the minor.

 

It is not out of place to mention here that with the exception of the last factor regarding maintenance of the minor; all other factors too disqualify mother from the custody of minor.