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At Law of Lawyers, we provide expert legal services for child custody and maintenance matters. Our team of experienced family law attorneys ensures that the best interests of the child are protected while safeguarding the legal rights of parents.
Child custody laws in Pakistan follow Islamic principles and the Guardian and Wards Act 1890. Considering factors like age, gender, emotional needs, and the ability of the parent to provide for the child, courts determine custody based on what is best for the child.
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1. Legal Custody (Guardianship)
The parent who has the right to make major decisions about the child’s education, healthcare, religion, and overall welfare.
2. Physical Custody
Refers to where the child lives on a daily basis. One parent may have full physical custody, or it can be shared.
3. Sole Custody
Granted to one parent when the other parent is considered unfit or unable to take care of the child.
4. Joint Custody
Both parents share the responsibilities of raising the child, even if the child primarily resides with one parent.
5. Temporary Custody
Given to a parent during ongoing legal proceedings until the court issues a final custody order.
Gender and age of the child.
The emotional, educational, and healthcare needs of the child.
Living conditions and financial stability of the parents.
There has been abuse or neglect in the past.
Children’s preferences (if they are of an appropriate age)
As a rule, mothers are granted custody of young children up to the age of 7 years for boys and up until puberty for girls until they prove unfit to give care.
Mst. Bakhhat Bibi v. Bahadur Ali (WRIT PETITION NO. 1479 OF 2013)
For the full judgment in this case
( Click Here )
Bakhhat Bibi (the petitioner) and Bahadur Ali (the respondent) are involved in a custody dispute regarding their minor daughter, Iqra. After their divorce, the respondent took Iqra from school and refused to give her back to the petitioner. Bakhhat Bibi requested custody of her daughter in the family court, but her request was initially denied. After both parties appealed, the appellate court upheld the family court’s decision, allowing the children to meet with both parents regularly.
Lahore High Court reviewed the case, noting that lower courts failed to prioritize child welfare. Bakhhat Bibi was granted custody of Iqra by the High Court, reversing the lower courts’ decisions. The respondent was ordered to return Iqra to her mother.
The Lahore High Court ruled favor of Bakhhat Bibi, awarding her custody of Iqra and setting aside lower court judgments.
In most cases, fathers obtain custody of their children after a certain age, but the court evaluates what is in the child’s best interests.
Shahzad Anwar v. Lubna Naz (2018 CLC 789): The father was granted custody of his son after age 7, but with conditions that ensured the child’s welfare was not compromised.
If neither parent is a good fit for custody, the court may award custody to another close relative, such as grandparents.
Tanveer v. Javed Iqbal (2004 SCMR 906): Custody was awarded to the maternal grandparents because neither parent was considered suitable to care for the child.
In Pakistan, both parents are legally obliged to contribute to the upbringing of their children. Child maintenance laws aim to ensure that a child is adequately provided for in terms of living expenses, education, and health care.
According to Section 369 of the Family Courts Act, the father is primarily responsible for child maintenance. If the father fails to meet this obligation, the mother or guardian can file a claim in court.
Abdul Khaliq v. Mst. Shahida (2019 CLC 1548):In this case, the court ruled that the father must pay child maintenance despite his claim of financial hardship, emphasizing the child’s welfare over the father’s circumstances.
Imran Iqbal v. Nasreen Bibi (2021 SCMR 789):The court ruled that maintenance should include not just basic living expenses, but also educational and medical needs, ensuring the child’s overall welfare.
When a father refuses or fails to pay maintenance, the court may attach his wages or add other penalties to enforce it.
Zohra Bibi v. Ghulam Mustafa (2020 YLR 254):The court enforced the father’s payment of maintenance by attaching his property after repeated failures to comply with previous court orders.
Even if the mother holds custody, she has the legal right to claim maintenance for the child from the father.
Farah v. Muhammad Iqbal (2018 SCMR 435):The court ruled in favor of the mother, stating that the father’s financial responsibility does not end with custody and must include regular maintenance payments.
Looking for the best child custody or Khula lawyer in Pakistan? Look no further than Law of Lawyers, your trusted partner for all family legal matters across the country.
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