On May 11, the Federal Constitutional Court ruled that that custody of a child cannot be granted to the grandmother or paternal aunt solely on the basis of the mother’s second marriage. The ruling came in connection with a case regarding the custody of a nine-year-old child. Custody had initially been granted to the mother, after the father’s death, but this was challenged by the child’s paternal aunt, grandmother and uncle. During the hearing, the appellant’s lawyer was asked why the uncle and aunt wanted custody of the child and whether they had ever inquired about the child’s education. The counsel argued that the mother had remarried, prompting one of the judges to ask how custody can be transferred to someone else solely on that ground. The judge also emphasised that the case before the court concerned only the custody of the child and that it appeared property interests were being given more importance than the child’s welfare, ultimately ruling that granting custody to the mother was in accordance with the law. This is an encouraging ruling for both women’s and children’s rights. No mother should have to give up her child, provided that the latter is being properly cared for, simply because she has remarried. Nor should any child’s welfare take a backseat to property disputes and who is going to inherit what.
This FCC ruling appears to be the latest in a series of legal decisions and legislation working to advance women’s rights and gender equality. Back in March, the Islamabad High Court issued directives for legislation to protect and effectively enforce women’s financial rights and amendment in the marriage certificate (nikkahnama), ruling that dowry and personal gifts of the bride belong to her and, after separation between husband and wife in case of divorce, the husband is bound to return the entire dowry. However, while such rulings are undoubtedly a step in the right direction, it must be noted that most Pakistani women lack the means to ever get their day in court. If one just looks at the constitution and the laws, it could be reasonably argued that Pakistan is a fairly progressive country when it comes to gender equality. However, as is the case with most of the country’s problems, it is the implementation that holds things back.
As such, it will take a lot more work for Pakistan to bridge its gender gap. Just to get a sense of the scale of the task, the country ranked last on the World Economic Forum’s Global Gender Gap Report 2025, out of 148 countries. However, it is not like progress cannot be made or has not been made. There are several institutions in the country that remain committed to improving things. Last week, the Ministry of Human Rights informed the Senate Functional Committee on Human Rights that it has recommended increasing women’s representation in the federal cabinet to at least 10 per cent. The ministry also said that conviction rates in gender-based violence cases, previously around four per cent before 2020, have improved significantly with the establishment of 480 GBV courts, six Anti-Rape Crisis Cells (ARCCs) and a strengthened legal framework post-2021.This is encouraging news and the government would do well to heed the ministry’s recommendation.
Editorial Published in The NEWS on May 13, 2026.
