The Lahore High Court while handing over a 11-year girl to her mother, Nazaan Bibi held that a girl during the age of puberty must be kept in the custody of her mother, as she can better understand the needs and requirements of a girl.
The court observed this during hearing of a petition filed by Nazaan Bibi seeking custody of her daughter, Ayesha from her ex-husband, Ghulam Shabbir. The court held that the paramount consideration is for the girl to get education, as she would have to play the role of a mother in future.
It also observed that a minor son of the petitioner, who in the custody of his father, was working at a tea stall and was not going to a school. The law to give custody of minors is concerned with the welfare of children irrespective of their age and the financial status of a guardian, the court said.
The court, while giving the girl's custody to her mother, observed that the father, because of his conduct and behaviour with his minor son, was not entitled to seek the custody of the girl. However, the court allowed him to visit the girl and pay maintenance allowance after filing an application to a competent court of law.