Table of Contents
Petition on Divorce Procedure for Overseas Pakistani:
If you need assistance on divorce procedure for overseas Pakistani or khula procedure in Pakistan, you may contact Jamila Law Associates. Supreme Court directed the father to immediately and peacefully hand over the minor girl to her mother, petition for leave to appeal was dismissed, and leave was refused after the divorce procedure for overseas Pakistani or khula procedure in Pakistan.
Petitioners/mother claimed restoration of the custody of her minor sons on the ground that their father had illegally removed the minors from her (lawful) custody. Minor sons aged about 10 and 8 years respectively, their custody with their father could not be treated as illegal, as he was responsible for their upbringing as the natural guardian. Father, even otherwise, was entitled to the custody of his sons over seven years of age. Petitioner had an equally efficacious and alternate remedy for moving an application for the interim or permanent control of the minors before the Guardian Court.
The constitutional petition on divorce procedure for overseas Pakistani or khula procedure in Pakistan was dismissed in the circumstances. Petitioner/paternal aunt assailed the order of Guardian Judge and District Judge whereby they had allowed the petition of a birth mother for custody of the minor. Petitioner contended that minor was given to the petitioner after three days of his birth; that petitioner maintained the little as her child. Therefore, the minor considered her to be his birth mother since his inception.
Khula Procedure in Pakistan:
Regarding the divorce procedure for overseas Pakistani or khula procedure in Pakistan reply to the Petition under S. 25, Guardians and Wards Act, 1890 was vague, and it was for the first time stated in evidence that the minor was handed over to the petitioner after three days of his birth by the father with the understanding that the petitioner would look after the said minor. Petitioner, the paternal aunt of the minor, had five sons and two daughters out of her wedlock.
The elder son of the petitioner worked in a workshop, and the other son worked at a hotel. The birth mother of the minor had not entered into a second marriage after the divorce procedure for overseas Pakistani or khula procedure in Pakistan. Minor could not be allowed to be kept away from his birth mother, as the mother’s lap is the cradle of God. Minor’s father had passed away. However, since his birth mother was alive and his two Sisters were als0 living with her, therefore, the scale of the welfare of minors tilted in their favor. It found no illegality or perversity in the impugned judgments and decrees passed by the courts below on divorce procedure for overseas Pakistani or khula procedure in Pakistan.
The Constitutional Petition:
The constitutional petition, being devoid of merits, was dismissed.” The prime consideration in guardianship cases was the welfare of minors. Mother, in the present case, was a better-educated lady. Mother was the natural guardian of minor children and should be given preference between the parents. Father had remarried, and mother had not done so. Minors were not old enough, and they could not provide their consent much significance. The welfare of minors was with the guardianship of their mother.