Islamabad: Federal Constitutional Court (FCC) has maintained the custody of the child cannot be changed by only making the second marriage of woman base.

The court rejected the plea for giving custody of child to uncle or aunt.

A 3-member bench of FCC presided over by Justice Hassan Azhar Rizvi took up for hearing the case related to custody of the child.

During the hearing of the case Justice Hassan Azhar Rizvi inquired why uncle and aunt want custody of child. Have those who are demanding custody ever asked how the education of child is going on.

The counsel for the petitioner took the plea mother has contracted second marriage.

Justice Hassan Azhar Rizvi remarked how can the custody of child be handed over by making second marriage of the woman a justification.

The counsel for the petitioner told the court mother has sold out the share which was given to the child from the property of father.

Justice Hassan Azhar Rizvi remarked do they want to take back the share given to the child out of his father’s property.

FIR was lodged against the mother while mother was in iddat.

The court remarked malice was harbored against the mother. Mother may have sold out the share of child after seeking permission from Guardian court. On the other hand the case before court is only handing over custody of child.

Justice Hassan Azhar remarked it seems as if more importance is being given to property than interest of child.

FCC maintained all the courts upheld the decision with regard to the handing over custody of child to mother. The handing over of custody of child to mother is as per law.

The court while rejecting the plea maintained the custody of 9 years old child was given to mother after death of father.