Welfare of minors

While appreciating the welfare it has to be seen that welfare includes his moral, spiritual and material wellbeing — While considering what is welfare of minor the Court shall have regard to the age, sex, religion of the minor, the character and the capacity of the proposed guardian, his nearness of king to the minor and the performance of the minor if he or she is intelligent enough to make it. Irshad Begum v. Muhammad Haleem & another 2003 SCR 318 (B)
Mother of minor who was divorced has contracted a second marriage with a person who is not related to the minor in prohibited degree, she was not entitled to have guardianship and custody of minor — Father of minor has also contracted another marriage and there are children out of new wedlock — Normally after mother having become disentitled the father who is also a natural guardian is entitle to the guardianship — The minor who is already living with her grandmother since her very childhood her welfare also lies with her as such she is appointed guardian and also held entitled to custody. Irshad Begum v. Muhammad Haleem & another 2003 SCR 318 (C)
Prime consideration for appointment of guardian is the welfare of minors which must weigh with the Court irrespective of the provisions of Personal Law — Conduct of the father or mother must also be considered and in view of S. 17(3) the choice of minor cannot be taken lightly and must be given due weight. Sughran Bibi v. Akhtar Hussain 2006 SCR 301 (F) 1995 SCR 136 overruled.