Child Custody Litigation in Pakistan

Legal Query: After some matrimonial dispute  Mst. Nazia deserted her children at the home of her husband and gone to her parents’ home. From there she filed a petition of Habeas Corpus under section 491 Criminal Procedure in the court of district and Sessions Judge Lahore, against the father for the recovery of her two minor sons aged 8 and 9 years.

Mr. Imtiaz Aziz contacted and engaged our law firm to defend the petition. The father took the plea that the minors has crossed the age 7 years and attained the age discretion now they need the direction supervision of the father. So the permanent custody of the minors should be handed over to the father.

The learned judge handed over the custody of one younger son to the mother and of the elder son to the father and directed the spouses to approach the guardian court for the permanent custody of the minors.

The father moved a petition 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 needs direct supervision of the father. The father is man of means and providing maintenance his minors since their birth and who can provide good accommodation, tuition, couching and security to their minors. The father is in better position to up-bring their minor sons and the welfare of the minors requires that their permanent custody should be handed over to the father.

Legal Position of the Case: According to me the minors have crossed the age of 7 years and attaining their age of puberty now they need the direct supervision of the father for their education and teaching. The father is man of means and also maintaining his minor sons since their birth. On the other hand the mother has no independent financial resources to maintain her sons. She is totally depending on the maintenance allowance of the father. The mother is residing in her parents’ home and there is no sufficient accommodation to easily keep the minors. Keeing in view the welfare of the minors the Guardian Court will hand over the custody of the minor sons to the father.


12 comments on “Child Custody Litigation in Pakistan

  1. Hi dear
    I have require some information
    I have 1 nephew the father of child did not give maintenance and other expenses for 2 years, He told in court he has not enough money for his chiled because he get married and living his second wife with father..we are carrying our sister and our nephew..
    Grandfather have total custody of his property,He has land,plots,shops and beverage of pepsi cola.father is running his pepsi agency..
    Question is….if he can’t pay maintenance and expenses of his child,after 7years he would able to take back his child from mother…???


    • the father is liable to pay the maintenance of his minor child upto his age of majority.
      if father is not able to pay then grandfather is liable to pay the maintenance of his grandson.


  2. How long will it takes if i file a case to get my 2 year old daughter from ex husband.. the case can long for how much time ? What can i do


    • you must file a writ of Habeas Corpas for the recovery of the daughter, most likely, it will be decided within 1 to 2 weeks


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