Application on Divorce Procedure for Overseas Pakistani:
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Shariat Court (AJ&K) observed that the little son should remain in the mother’s custody until he attained the age of seven years, and the minor daughter should remain in her custody until married. The appeal was allowed in Circumstances. Visitation rights of the father. Comprehensive plan for control, visitation rights and care of children, and obligations of both parents issued by the Supreme Court listed. Guardian application by the mother with a prayer to direct the father to take custody of the minors from her. Marriage between the spouses was dissolved through the divorce procedure for overseas Pakistani or khula procedure in Pakistan.
The Guardian judge dismissed the application of the mother. The mother contended that she had solemnized Nikah and rukhsati were going to be taken place, and she would not be in a position to look after the minors properly. While determining the custody of the female ward, Held, the question of virtue to be jealously guarded if the mother of the female daughter had contracted a second marriage with a stranger, she had lost her right of hizanat.
Father being the natural guardian of his minor/minors, the court had to be satisfied with the welfare of minor/minors while appointing the father as guardian. Admittedly, the mother had contracted a second marriage after the divorce procedure for overseas Pakistani or khula procedure in Pakistan, and she couldn’t take custody of the children with her. Being in an excellent financial position, the minors’ father could quickly look after the minors properly rather than the mother.
Khula Procedure in Pakistan:
Mother after the divorce procedure for overseas Pakistani or khula procedure in Pakistan was entitled to the custody of her male child until he had completed the age of seven years and her female child until she had attained puberty, and the right continued. However, the child’s father divorced her unless she remarried, in which case the custody belonged to the father. The male minor was about 13 years old, and after Nikah with a stranger, the mother would lose her right of hizanat to the extent of a female child. it set the order passed by the Family Court aside, a constitutional petition on the divorce procedure for overseas Pakistani or khula procedure in Pakistan was allowed accordingly.
Right of Custody:
The mere association of a minor with the applicant is not sufficient to hand over his custody. Compromise between the parties. Relinquishment of right to custody. Scope. The growing age of the minor daughter was taken into consideration. Petitioner/mother contended that her second marriage had not disentitled her for the custody of children. As the paternal grandmother of minors had died, there was no one to look after the minors. Respondent/father contended that owing to the compromise before Family Court after the divorce procedure for overseas Pakistani or khula procedure in Pakistan. Mother had waived off her right of custody of children.