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MST. JAMILA BANG versus MIRZA MUHAMMAD


Section 25 Constitution of Pakistan (1973), Article 199 Constitutional petition The minor's husband had divorced his wife and at the time of separation it was decided that two of his four children would remain with the father and the other The two will be with their mother. At the request of the father of the minors, the two minors, who were in custody of the mother, were also handed over to the father only by orders with the two courts on the basis that they were able to maintain them properly because of their poverty. Not worth it. Not only was the real mother prevented from the custody of minors on the sole basis of poverty, but there was false evidence that it was clearly stated that the children in the custody of the mother were happy and were receiving proper education. ? The evidence also showed that the father of the minor was the crane operator of the children and had also contracted two other marriages, the father of the minor children could not be expected to be educated at a nominal salary. In some high-quality educational institutions, fathers of minors who contract two second marriages in the presence of two stepmothers in the same house, are more likely to be safe than custody of their real mother. Can be said Who did not contract a second marriage after divorce, nor was her role and profession such that her minor children could not be denied custody when they were children of that age when they were parents. With the people they wanted to live with, when presented in court. , They wholeheartedly agreed to be with their mother. The concurrent decisions of the courts below

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