..::Child Custody in Pakistan…Mother’s Prefrences

..posted by Pakistani Law Firm…Get Free Legal Advice

Guardians and Wards Act 1890 — the major law governing child custody in Pakistan — is the best approach to familyconflict resolution. There is nothing wrong with its principle that the welfare of the child is paramount when deciding custody. Nor is there anything intrinsically wrong with its general rule, i.e. mothers be given preference in the custody of minor children whether male or female.

Separation and divorce represent the death of a marriage but for a child caught in the middle and too young to understand the significance of visitation rights it could mean the `death` of a parent. The tearful reaction of a six-year-old girl to the Supreme Court`s decision to hand her back to her Tajik-origin mother after the little girl was recovered from the estranged Pakistani husband highlights the emotional turmoil that a child is usually subjected to in legal custody battles. In a case last year, a nine-year-old boy reacted in similar fashion when a court decided to restore custody to his French-origin mother.

Such incidents have raised the question of whether traditional court litigation, as provided for under the Guardians and Wards Act 1890 — the major law governing child custody in Pakistan — is the best approach to family-conflict resolution. There is nothing wrong with its principle that the welfare of the child is paramount when deciding custody. Nor is there anything intrinsically wrong with its general rule, i.e. mothers be given preference in the custody of minor children whether male or female.

But quite often such litigation proves damaging for both the children and the parents. In considering the rights of mothers and balancing those of the father, what is due to the child, i.e. the right to go with the parent he or she prefers, is often overlooked. Elsewhere in the world, estranged parents are increasingly being encouraged to resolve child custody issues through mutual agreement. This is usually done through out-of-court (though with legal help) dispute-resolution processes like mediation and collaborative law. The latter is a relatively new legal approach to family-conflict resolution involving lawyers and family professionals, and is increasingly gaining acceptance in many countries. Encouraging such non-traditional processes would warrant a review of the 1890 act.

6 comments on “..::Child Custody in Pakistan…Mother’s Prefrences

  1. Meri or husband ke nhi banti wo gandi wording use krty hein or violence b main separate hna chahti hn mera ek beta hy one n half year ka kia mera husband mera son mjh sy legally ly skta hy?plz adviced me wat I do

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    • at least upto the age of 7 years, the mother is entitled to keep the custody of his son, after that the father can claim and the court will decide the custody matter keeping in view the welfare of the minor

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  2. If a husband is divorcing his wife on the grounds of adultery, can the father demand the custody of 3 year and 1 year old daughter? And can he get the custody because the mother of the kids has done adultery?
    What are the other grounds on which father can get the custody?

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    • by mere divorce the allegations of adultery could not be proved.
      he has to prove the allegation of adultery in the court for getting the custody of the minor daughters.
      welfare of the minors is a paramount consideration for the custody of the minors

      Like

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