Female Convert To Islam Told To Move Guardians Court For Kids’ Custody

2 mins read

The Sindh High Court (SHC) has directed a female convert to Islam to approach a guardians & wards court to seek the custody of her children from her former husband, who is Hindu.

The direction came on a petition of Laxmee, who changed her name to Maria after her conversion to Islam and seeks the custody of her children from her former husband Krishan.

The petitioner said she converted to Islam, then contracted her second marriage with Waqar Younus. She said she has two minor children from her previous marriage who are residing with their father, adding that her application for custody was dismissed by a district court.

Her counsel said her children need proper care and attention that can only be offered by her, being their mother, and sought the custody of the children for the petitioner.

After the perusal of the record, a single SHC bench headed by Justice Nisar Ahmed Bhanbhro said the petitioner did not claim in the petition that the custody of the minors was illegally removed from her.

However, said the court, it is asserted that the petitioner is denied the meeting rights with her children, and she needs permanent custody of her children for the conversion of their faith.

The bench said that there is no allegation against the former husband of the petitioner that he is incapable of giving proper care to the minors and intends to remove their custody to an unknown place so that they may not remain in contact with their mother.

The court said that there is no law in the field depriving a mother the custody of her minor children when she changes faith, adding that the petitioner has converted her faith and remarried a Muslim man, and she seeks the custody of the minors who follow Hinduism and are residing with their father.

The bench said that the other important aspect of the case is that the second husband of the petitioner has not come forward before the court to show his willingness to retain the custody of the minor children and look after them properly.

The court said that the custody of the minors with their father cannot be held as illegal under any law but the prime question for consideration involves the welfare of the minors.

“This court, under its constitutional jurisdiction, cannot determine this aspect of the case, for which the proper course available under the law is to approach the guardian court.”

The bench dismissed the petition, but said the petitioner may, however, file a proper application under the provisions of the Guardians & Wards Act, 1890, to seek the custody of the minors, if so advised.

The court clarified that the guardians court, if approached, would without any loss of time pass the orders regarding interim arrangements of meeting of the children with the mother at least once a week and decide the application of the petitioner for custody on merits in accordance with the law without being influenced by the observation made by the SHC.

Published in News Daily on 03-August-2025.

Previous Story

Pakistanis Spending Billions On Formula Milk Unnecessarily: Experts

Next Story

Every Child Matters: C-ARTS and Transformation Of Autism Care in Sindh

Latest from Blog

Pakistan, Broken Innocence

In Pakistan, more than 2 million children frequently attend madrasas that offer free religious education to the most disadvantaged. But behind the walls of these revered institutions lies a chilling reality: thousands of children are subjected to sexual violence in deafening silence. Our correspondents bring us a special 31-minute investigation.…

Parents Asked to Reject Rumours against Polio Vaccination

LAHORE: Chief Executive Officer (CEO) Health Dr Asif Khan has urged the parents not to pay heed to misinformation and rumours regarding polio vaccination. He emphasised that the fractional Inactivated Polio Vaccine (fIPV) being administered to children aged four months to 15 years in 122 union councils of Lahore is…

Bhakkar Police Rescue Minor Girl

BHAKKAR: Police rescued a four-year-old girl who had been kidnapped from Kalurkot and taken to Lakki Marwat district in Khyber Pakhtunkhwa. District Police Officer (DPO) Shehzad Rafiq Awan handed over the recovered child, identified as Safeena Zainab, to her parents in an emotional reunion on November 5. Police said the…

KP to Retain Control over Education Boards

PESHAWAR: Minister for Education Arshad Ayub Khan on November 4 said that the powers of education boards and the examination system would remain entirely under the jurisdiction of Khyber Pakhtunkhwa. “No decision will be made that could adversely affect the public or students,” he assured while presiding over a review…

Changing Weather may cause Health Threats

Rawalpindi: A significantly heavy rainfall on November 4, along with a considerably heavy hailstorm, would turn the weather chilly in this region of the country, including the twin cities of Islamabad and Rawalpindi and the adjoining hilly areas that may cause health threats, mainly mild to moderate for healthy persons…
Go toTop