Mother When Disqualified From Custody of Minor

Welfare of minor is the paramount consideration in deciding the matter of custody of a child regardless the right of father to obtain custody of the male minor when he completes the age of seven years. The welfare of child usually lies with mother owing to her natural love and affection for his children. They say: lap of the mother is a cradle of God. However, in the following circumstances; mother loses her preferential right of custody of minor:

  • If she marries a person who is stranger to the child, especially where she has custody of a female child. Nevertheless, the right revives on the dissolution of marriage by death or divorce.
  • If she leads an immoral life
  • In case she neglects to take proper care of the minor
  • If she takes the minor away from the father during the subsistence of marriage.

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