Mother Can’t Be Denied Child Custody After Remarriage

1 min read

LHC rules welfare of child must always take precedence over all else

LAHORE:

The Lahore High Court (LHC) has ruled that a mother’s remarriage cannot be the sole basis for denying her custody of a minor child, emphasising that the welfare and best interests of the child must always take precedence over all other considerations.

Justice Syed Ahsan Raza Kazmi, presiding over the Bahawalpur bench, issued the ruling while setting aside the decisions of both the trial and appellate courts, which had previously awarded custody of a 10-year-old boy to his father.

The court ordered the immediate transfer of the child, Muhammad Rehman Khan, back into the custody of his mother, from whom he had been taken.

Justice Kazmi observed that while under traditional legal interpretation a mother may forfeit custody rights upon remarriage, this is not an absolute rule.

“In exceptional circumstances, and if deemed in the best interest of the minor, custody can be awarded to a mother who has remarried,” the judge noted.

“The paramount consideration in all custody matters is the child’s welfare. Parental rights are secondary.”

Citing Sections 7 and 17 of the Guardian & Wards Act, 1890, Justice Kazmi reiterated that the child’s emotional, psychological, and physical well-being must guide all decisions regarding guardianship.

“It is an admitted fact that the minor had lived his entire life with the petitioner (mother), and to remove him from her custody solely due to her remarriage is not a legally or morally sufficient standard,” the judgment stated.

“Unfortunately, the lower courts overlooked this key aspect,” it added.

The mother had challenged the earlier rulings on grounds of legal error and misapplication of judicial discretion.

Her counsel argued that she, as the biological mother, was best placed to care for the child’s health, education, and emotional needs and that the father’s custody could adversely affect the child’s development.

Conversely, the father’s legal team contended that the mother was no longer eligible for custody due to her second marriage, financial dependence on her new husband and the birth of another child from the second union. They argued the father was in a better position to raise the child.

However, the High Court disagreed. Justice Kazmi noted that the core legal questions were whether the mother’s remarriage alone disqualified her from custody and whether her financial status had been fairly assessed.

He concluded that both lower courts had erred by relying exclusively on these two factors to award custody to the father.

The case originated when the father filed a guardianship petition under Section 25 of the Guardian & Wards Act before a Guardian Judge in Hasilpur, seeking custody of his son.

The couple had married in 2012 and later separated through a court decree.

The trial court, after hearing evidence from both sides, granted custody to the father a decision upheld by an appellate court before being overturned by the LHC.

Article published in the Express Tribune on 10th April 2025

Previous Story

Board Exams Disrupted By Power Outages, Inadequate Facilities

Next Story

Schoolteacher Held For Torturing Student In Attock’s Pindigheb

Latest from Blog

Cleft Children Fight for Treatment

Pakistan is confronting a serious but largely overlooked public health challenge, with thousands of children born every year with cleft lips and palates. Although the condition is treatable, many patients remain without timely care due to gaps in the healthcare system. Experts estimate that nearly 300,000 children are affected nationwide,…

8.6 Million Children Trapped in Labour

ISLAMABAD:  More than 8.6 million children in Pakistan are engaged in child labour, including over 6.6 million involved in hazardous work that threatens their health, safety and development, according to a national report launched on Thursday by the National Commission for Human Rights (NCHR) in collaboration with UNICEF. Titled ‘Pakistan:…

Sindh Healthcare Expansion Got Rs148b Funding

KARACHI: The Sindh government has earmarked more than Rs148 billion for hospitals, specialised medical institutions and emergency health services in the 2026-27 budget. The funding package focuses on expanding access to quality treatment, upgrading critical care facilities and enhancing emergency response systems amid growing healthcare demands across the province. According…

Rs620b Set Aside for Education in Budget

KARACHI: The Sindh government has allocated Rs620 billion for the education sector in the fiscal year 2026-27, covering both development and non-development expenditures for primary and higher education. According to the budget documents, an additional Rs24.75 billion has been earmarked for ongoing education schemes, taking the total allocation for these…

Climate Threat Looms Over Children

UNITED NATIONS: More than one billion children face at least three overlapping climate hazards, with 34 million in Pakistan, UNICEF warned Monday, while highlighting the disproportionate impact in some regions of the world. For the report, the UN agency cross-referenced data showing where the roughly 2.4 billion children on the…
Go toTop