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MEHMOOD AKHTAR versus DISTRICT JUDGE, ATTOCK


The detention of a minor is not an absolute right to rule on the principle of trivial privilege, but it is always subject to the welfare of the minor court in the light of the law on this subject. The facts and circumstances of each case consider the question of custody for the sake of the welfare of the minor. There can be no deviation from the prescribed rule of law that in the case of detaining a minor, the best idea is always the welfare of the minor. The general rule of Islamic law is that as a natural guardian of a minor, a minor has the prerogative of detaining a minor, but such rule is always subject to the welfare of the minor, which is a solution to the resolve of the question. I think first. The custody of the minor is not an absolute right, as a father or mother, can abandon such right parties at the time of separation, voluntarily settle the question of the custody of the minor.

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