Federal Constitutional Court Rejects Custody Challenge, Upholds Mother’s Right Over Child
The Federal Constitutional Court of Pakistan has ruled that a mother cannot be deprived of custody of her child solely on the basis of remarriage, dismissing a petition seeking custody of a 9-year-old boy.
A three-member bench of the court heard the case involving the child’s custody. During proceedings, Justice Hassan Azhar Rizvi questioned the petitioners, asking why the child’s custody was being sought by the paternal aunt and uncle and whether they had considered the child’s education and welfare.
The bench observed that custody cannot be challenged merely on the grounds of a mother’s second marriage.
The petitioner’s lawyer argued that the mother had allegedly sold the child’s share of inherited property from the father. In response, the judge remarked that custody disputes should not be confused with property matters, adding that it appeared the focus was more on assets than the child’s welfare.
The court further noted that if any property transaction had taken place, it would have required permission from the guardianship court.
Rejecting the petition, the court upheld the mother’s legal custody rights, stating that the child was placed in her custody after the death of the father. The court dismissed the request to transfer custody to the paternal relatives.
