Mother can retain child's custody despite remarriage, rules LHC
Pakistan
Court stressed that mother may be awarded custody in the best interest of the child.
LAHORE (Muhammad Ashfaq) - The Lahore High Court has ruled that a mother retains the right to child custody even after remarriage.
Justice Ahsan Raza Kazmi issued a four-page written verdict on the petition filed by Nazia Bibi, stating that while traditionally the mother is granted custody, her remarriage does not automatically disqualify her.
The court stressed that this is not an absolute principle and in exceptional circumstances, the mother may still be awarded custody in the best interest of the child.
In this case, the court noted that the child had been with the mother since birth, and removing custody solely due to her remarriage would not be justified. “Such a harsh decision could severely affect the child’s personality,” the ruling stated.
The verdict also highlighted that the separation between the couple occurred in 2016, while the father filed for custody in 2022, failing to explain the six-year delay. The court inferred that the father's motive was influenced by a likely defeat in a financial support case.
The court concluded that the trial court's decision to hand over the child to the father without addressing key aspects was flawed and thus nullified the ruling, restoring custody to the mother.
