Constitutional Court Rejects Plea to Transfer Child Custody from Mother After Second Marriage

ISLAMABAD: The Federal Constitutional Court has dismissed a petition seeking the custody of a nine-year-old child from his mother on the grounds of her second marriage, ruling that the child’s custody will remain with the mother in accordance with the law.

A three-member bench headed by Justice Hassan Azhar Rizvi heard the case regarding the custody of the minor child.

During the hearing, Justice Rizvi questioned why the child’s paternal relatives, including the aunt and uncle, wanted custody of the child. He asked whether the petitioners had ever inquired about the child’s education and well-being.

The petitioner’s lawyer argued that the mother had remarried, but Justice Rizvi remarked that a woman’s second marriage alone could not justify transferring custody of her child.

The lawyer further alleged that the mother had sold the child’s inherited share of property received from his late father. In response, Justice Rizvi asked whether the petitioners also intended to reclaim the child’s inherited assets.

The court observed that an FIR had also been registered against the mother and noted signs of hostility and personal bias against her. Justice Rizvi stated that the mother must have obtained permission from the guardian court before selling the property share.

He further remarked that the matter before the court concerned only child custody and added that it appeared the petitioners were giving more importance to property issues than to the welfare of the child.

The Federal Constitutional Court upheld the earlier decisions of lower courts, maintaining that custody of the child should remain with the mother.

The court stated that all previous courts had consistently ruled in favor of the mother and that the custody arrangement was fully in line with the law.

The child had been placed in the mother’s custody following the death of his father.