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

Ghotki Police Register Gang Rape FIR

SUKKUR: The Ghotki police have registered a gang rape case against some influential figures of Adilpur and their several associates on May 19 after much uproar on social media over the “horrific and inhuman treatment” allegedly meted out to the victim. The 15-year-old seemingly devastated girl had narrated her ordeal…

The Polio Fight Goes On

It is enough of an ignominy that this country is one of only two, the other being Afghanistan, where polio still remains endemic. However, it is even more shameful that even those brave souls who are trying to eradicate this disease from the country are routinely the target of violent,…

Five Children Die Within a Week as Measles Outbreak Hits Sujawal Coastal Belt

THATTA: A severe measles outbreak has triggered widespread panic across the coastal belt of the Shahbunder taluka (sub-district) in Sujawal district, where five children have died within a week and more than 20 others are reportedly suffering from the highly contagious disease across various villages. According to local sources, the…

Sana Yousaf’s Killer Gets Death Sentence

ISLAMABAD: An Islamabad sessions court sentenced Umar Hayat, the main culprit in the Sana Yousaf murder case, to death on May 19 after finding him guilty of killing the teenager at her residence in June last year. Hayat was arrested a day after 17-year-old Yousaf was shot dead in her…

LHC Seeks Reply on Plea against 3-month Summer Vacations

LAHORE: The Lahore High Court (LHC) on May 19 issued notices to the Punjab government and other respondents on a petition challenging the decision to close educational institutions for three months during summer vacations. Justice Khalid Ishaq heard the petition filed by the All Private Schools Federation and sought replies…
Go toTop