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Child Custody in Pakistan

Child Custody in Pakistan, your questions answered

Want the best legal team in Pakistan to deal with your case of Child Custody? Dial now, 0092-3005075993

*The names of the clients have been changed to maintain their confidentiality

Client Query: My wife has deserted our two small children and me and left for her parent’s house. Today I have received summons that that a petition of Habeas Corpus under section 491 Criminal Procedure in the Islamabad district court and Sessions Judge Lahore, has been filed against me. Basically she wants to take away my two children to live with her. I am aware of her parent’s rather vile nature as they have made us fight since day 1 of our marriage and I feel helpless losing my sons (Nadeem, Lahore)

Follow up question: How old are your children?

Answer 9 and 10 years old. Both boys.

Full answer: It is relatively easy to defend the petition. Based on the fact that your sons have crossed the age of 7 years and attained the age discretion and that now they need the direct supervision of their father, you can also claim permanent custody. In some cases, the court may take the middle path, i.e. to hand over the custody of both sons to each parent. Usually the court takes the view that the younger child should be with the mother. For Custody you will be pleading under section 25 of the Guardian and Wards Act in the court Guardian Judge Lahore for the permanent custody of the minors on the ground that now the minors now need direct supervision of the father. The court generally looks at the ‘means’ test to judge the welfare of the minors, i.e. whether the father can maintain the children in terms of education and security and accommodation.

The court generally considers children who are over 7 years of age to have attained puberty and possible grounds of a successful application on your behalf can be as follows:

  • The boys need direct supervision of the father for their education and teaching.
  • The father has the financial means of maintaining his sons
  • The mother is dependent on her parents and because she is residing in her parents home herself, there accommodation is not appropriate for the children

Chances are that bearing in mind welfare of the minors the Guardian Court will hand over the custody of the minor sons to the father.

 Child Custody in Pakistan, your questions answered

Question No 2: I have taken Khula and my precious belongings are still at my husband’s house. It breaks my heart to see that after beating me for five months, he is enjoying the furniture and luxury goods given for dowry bought with my father’s hard work. My brother called and he rudely said he would not give back the furniture. Can my brother and I simply go and have those things taken away so we can at least use them, even though my life has been ruined?

(Samira, Model Town Lahore).

Answer: –

Our team can assist you in making one final written request in asking for the dowry articles back (please ensure there is a proper itemized list available and if possible any pictures or evidence) and then if they persist, we can, on your behalf, file a suit in the local family court for the recovery of these dowry articles.

Child Custody in Pakistan, your questions answered

Question 3: We divorced in 2013. I have three daughters and have been a single mom so far. I want to known at what age daughters will be allowed by the court to be handed over to father who is paying maintenance to their me nonetheless. I want him and his family to take responsibility for these children too as I work all day and am living hand to mouth taking care of their daily expenses through a private tutor job. I get no salary and my work is very much seasonal. (Asmara, Sargodha)

Answer: –

From the perspective of Islamic law the father can claim the custody of his minor daughters after they attain the age of puberty. Maybe you should approach him personally to take responsibility. As there is no hard and fast rule for taking the custody of a minor girl by the father; it basically depends on the facts and circumstances of every case. In many cases it is the mother refusing to let the daughter go to the father. In your case you seem pretty comfortable in allowing the daughter to go live with the father. So in your case, we can make an application to the court and see what response comes from the father.


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