— Father is a natural guardian of his minor child/children, but the court has to be satisfied while appointing the father as a guardian that the welfare of minor lies in the fact that he be appointed as a guardian and the custody of minor be delivered accordingly — There are many factors, which may not entitle the father to the custody of minor and some of the factors could, where the father is habitually involved in crimes or is a drug or alcohol addict, maltreats his child/children, does not have a capacity or means to maintain and provide for the healthy bringing up of his child/children or where the father deliberately omits and fails in meeting his obligation to maintain his child/children — The factors noted are not exhaustive and they may also not be considered as conclusive for that each case has to be decided on its own merit in keeping with the only and only paramount consideration of welfare of minor — Although Islamic Law delineates that the mother disentitles herself from the custody of minor(s) if she re-marries, however, this is not an absolute rule but one that may be departed from if there are exceptional circumstances to justify such departure and even in a situation of a second marriage if the welfare of the minor lies with the mother then she should be awarded custody. [PLR 2025 SC 7 = PLD 2025 SC 47 = 2024 SCP 395]

— Prime and foremost consideration is to decide the question of custody of a minor is his or her welfare and betterment — Welfare of the minor would overweigh against all other considerations. [PLR 2025 SC 7 = PLD 2025 SC 47 = 2024 SCP 395]

— Custody of minors — Irresponsible conduct of father — Scope — Where father was settled abroad and had filed the petition under section 25 of the Guardian and Wards Act, 1890 through special attorney, who appeared as a witness; this fact showed father’s lack of affection, love as well as care for the minors that he neither joined the proceedings during pendency of the petition nor bothered to appear before the Appellate Court — Additionally, nothing was brought on record to suggest that the mother was not taking care of the minors in a proper way and she was not getting them educated so as to become useful citizens — Moreover, the mother of the minors had not entered into second marital bond for the sake of her children — Petition of the father was dismissed. [PLR 2025 SC 7 = PLD 2025 SC 47 = 2024 SCP 395]

— Father is a natural guardian of his minor child/children, but the court has to be satisfied while appointing the father as a guardian that the welfare of minor lies in the fact that he be appointed as a guardian and the custody of minor be delivered accordingly — There are many factors, which may not entitle the father to the custody of minor and some of the factors could, where the father is habitually involved in crimes or is a drug or alcohol addict, maltreats his child/children, does not have a capacity or means to maintain and provide for the healthy bringing up of his child/children or where the father deliberately omits and fails in meeting his obligation to maintain his child/children — The factors noted are not exhaustive and they may also not be considered as conclusive for that each case has to be decided on its own merit in keeping with the only and only paramount consideration of welfare of minor — Although Islamic Law delineates that the mother disentitles herself from the custody of minor(s) if she re-marries, however, this is not an absolute rule but one that may be departed from if there are exceptional circumstances to justify such departure and even in a situation of a second marriage if the welfare of the minor lies with the mother then she should be awarded custody. [PLR 2025 SC 7 = PLD 2025 SC 47 = 2024 SCP 395]

— Poverty of mother — Scope — Poverty is not considered a valid ground for disentitling the mother from custody of the minor(s). [PLR 2025 SC 7 = PLD 2025 SC 47 = 2024 SCP 395]