Legal Query: Mr. Karamat Ali serving in U.A.E, married with Asifa according to Muslim Rights and Sunah and out of this wedlock a child Mohammad Nouman Karamat born who is 5 years old now and presently in the custody of the Mother.The wife dissolved her marriage against the petitioner on the basis of Khula and subsequently entered into second marriage. The father filed a petition under section 25 of the Guardian and Wards Act for the permanent custody of his minor son. He pleaded that he is entitled to the permanent custody of his minor on the following grounds:
That after taking the custody of the minor son the mother entered into a second marriage and cohabiting with her second husband.
The minor being real son belongs to the sect of his father, but the step father belongs to other sect which fact may cause serious impact on the social teachings of the minor.
That the mother and the step father both are working professionals and don’t have much time for taking the care of the minor.
That after the divorce mother intentionally not allowing the minor to talk with his father through phone or Skype which stifled the father’s rights to supervise the custody of his son.
That the step father has already another wife and children and such family environment is not beneficial for social well being of the minor.
On the other hand the father is working abroad and financially sound person who can provide high quality of life and environment to his minor son.
That the minor is very attached to his father and father financially supporting to the minor by sending money every month and visited his son frequently to Pakistan.
That the minor is very much familiar and attached with the extended family of his father in UAE and joining of minor with them will cause very good impact on his social brought up.
That the father has lot of financial resources to provide high quality education to his son in the best schools of foreign country.
The father prayed that by keeping in view the welfare of the minor the mother may be directed to produce the minor in court and the permanent custody of the minor may kindly be handed over to the father. The Guardian Court has issued the notice to wife for production of the minor in court.
legal Advice: According to me the father has very good case for taking the custody of the minor, he should continue to visit and maintain his minor son during the custody litigation.