Pakistani court rules mother’s remarriage does not disqualify her from child custody

A Pakistani court has ruled that a woman’s remarriage cannot automatically disqualify her from retaining custody of her child, stating that the child’s best interest must take priority over all other considerations.

The ruling came from the Lahore High Court’s Bahawalpur bench, where Justice Syed Ahsan Raza Kazmi overturned decisions by two lower courts that had awarded custody of a 10-year-old boy, Muhammad Rehman Khan, to his father. The judge ordered the boy to be returned immediately to his mother.

“In exceptional circumstances, and if deemed in the best interest of the minor, custody can be awarded to a mother who has remarried,” Justice Kazmi wrote. “The paramount consideration in all custody matters is the child’s welfare. Parental rights are secondary.”

While traditional interpretations of family law in Pakistan often presume a mother loses custody upon remarriage, the court made clear this is not a rigid rule.

Justice Kazmi cited Sections 7 and 17 of Pakistan’s Guardians and Wards Act of 1890, which require courts to focus on a child’s emotional, psychological, and physical well-being when making custody decisions.

‘Huge step forward’

Legal experts say the ruling could mark a turning point in how Pakistani courts handle child custody in divorce and remarriage cases.

“This is a huge step forward,” said Advocate Fatima Butt, a family lawyer who spoke to Nukta. “It offers hope to mothers who have remarried and fear losing custody of their children simply because of that.”

Butt also noted that, in many cases, custody battles are triggered not by concern for the child’s well-being, but as retaliation by fathers when mothers seek financial support.

“The court has rightly stated that a mother’s financial dependence or limited income cannot be used to deny her custody,” she said. “The responsibility to financially support the child still lies with the father under Pakistani law.”