Humayun Khan
PESHAWAR: A divisional bench of Peshawar High Court (PHC) comprising of Justice Shakeel Ahmad and Justice Waqar Ahmad ordered provision of custody of minor to his mother while ordered Guardian Judge to decide the plea within three months, on Monday.
PHC observed that mother has first right over the custody of minor seven years and annoyed snatching of children from his mother by force.
The counsel Umair Khan and Shah Sawar Khan advocates argued that the petitioner was ousted by her husband from his residence one month earlier after four years of marriage over domestic dispute and took custody of minor named Muhammad Mustafa by force.
Additional Session Judge had turndown plea that bailiff didn’t recovered the minor from his father residence while the verdict has been challenged before PHC, the counsel argued. They added that both law of the land and Shariah contending for provision of custody of minor up-to seven years to the mother.
The counsel argued that a complaint had made before local police but to no veil and added that Advocate General Amir Javed assured the recovery of Muhammad Mustafa within two days on previous hearing. They added that the minor had recovered on Saturday due to Advocate General efforts and the local magistrate hand over custody to the mother (petitioner).
The counsel requested for permanent custody of minor to the petitioner (mother) and added that if his father demanding the custody then he must file appeal before Guardian Judge.
The respondent’s lawyer contended for provision of minor’s custody to his father because the guardianship plea is pending before Guardian Judge.
However, PHC declared that the mother has first right over the custody of minor up to seven as per Shariah and Law of the land as well as several verdicts are available in this regard.
Although, Justice Shakeel Ahmad observed that the Heaven lies under the feet of Mother due to her role in look after of child and mother can ensure proper grooming of minor in this time period.
PHC’s divisional bench comprising of Justice Shakeel Ahmad and Justice Waqar Ahmad observed that the father may approach concerned forum for obtaining custody of his son while ordered Guardian Judge to decide the case within three months.
