Child Custody

Child Custody in Pakistan

Legal Query: Mr. Karamat Ali serving in U.A.E, married with Asifa according to Muslim Rights and Sunah and out of this wedlock a child Mohammad Nouman Karamat born who is 5 years old now and presently in the custody of the Mother.The wife dissolved her marriage against the petitioner on the basis of Khula and subsequently entered into second marriage. The father filed a petition under section 25 of the Guardian and Wards Act for the permanent custody of his minor son. He pleaded that he is entitled to the permanent custody of his minor  on the following grounds:

That after taking the custody of the minor son the mother entered into a second marriage and cohabiting with her second husband.

The minor being real son belongs to the sect of his father, but the step father belongs to other sect which fact may cause serious impact on the social teachings of the minor.

That the mother and the step father both are working professionals and don’t have much time for taking the care of the minor.

That after the divorce mother intentionally not allowing the minor to talk with his father through phone or Skype which stifled the father’s rights to supervise the custody of his son.

That the step father has already another wife and children and such family environment is not beneficial for social well being of the minor.

On the other hand the father is working abroad and financially sound person who can provide high quality of life and environment to his minor son.

That the minor is very attached to his father and father financially supporting  to the minor by sending money every month and visited his son frequently to Pakistan.

That the minor is very much familiar and attached with the extended family of his father in UAE and joining of minor with them will cause very good impact on his social brought up.

That the father has lot of financial resources to provide high quality education to his son in the best schools of foreign country.

The father prayed that by keeping in view the welfare of the minor the mother may be directed to produce the minor in court and the permanent custody of the minor may kindly be handed over to the father. The Guardian Court has issued the notice to wife for production of the minor in court.

legal Advice: According to me the father has very good case for taking the custody of the minor, he should continue to visit and maintain his minor son during the custody litigation.


22 comments on “Child Custody in Pakistan

  1. I was married with a British girl in UK. After 1 year my x-wife became pregnant and we have a baby boy. After baby she came to pak with my friend and she don’t tell me and lived with him like her wife and show other people she is wife of my friend when I knew it she told me I can’t live with u and said give me divorce.She agreed me that if I gave divorce her she gave my baby boy when is nearly 7 month old … I said ok and I took my baby and came home and gave her divorce.. And she gave a stamp paper of my baby custody. After 1 year and 7 month later she case on me 491 petition in Lahore high court and took baby . I want to know about what is the chance of my baby boy custody of my hand. She married again with my older friend. My boy is also British can u tell me what are the chances of mine case is under process since 9 months in session court lhr


    • the boy is of very tender age and the mother can keep its custody at least upto his age of 7 years.
      what is your nationality?


  2. Sir,
    My brother’s wife went to Dubai with her two children in 2013 to seek job as a teacher with the permission of her husband to escape political and lawlessness situation in karachi. Temporarily she took up a private job to stay in Dubai and continue to look for teaching Job. But later she changed her mind and decided to continue with the private job. My brother did not agree to this. The timings of the job were very odd. She started neglecting the children. Later she called her mother and sister to Dubai to live with her and to look after the children . Her mother and sister started abusing children affecting their studies also. The children were not being properly fed.
    When my brother went to Dubai and observed that his wife leaves for office at dawn and comes back after sunset and the kind of treatment meted out to the children was appalling and cruel . He asked his wife to send her mother to his brother’s house who already was leaving in Dubai or do some other arrangements so that children are not neglected and seek teaching job only to which she did not agree.
    In short he then brought back his children to Pakistan in winter vacations and asked his wife to come back. But she refused to come back and stopped all sorts of communication with her Husband and children for almost two years and after much persuasion she spoke to the kids on eid occasion(2015) and asked them to come back to Dubai but children refused to leave their father and insisted her (mother) to come back. But she refused.
    Now after 3 years she filed khula through courts. My brother is no more living at the address where he could receive the Court letter of Khula. He is also working abroad. He did not want to lose his children Daughter aged 16yr and Son aged 10yrs.
    Please advice what he should do in this case. His wife also claimed maintenance charges which he is unaware of… he did not want to break up with his wife and wanted her to come back. Before this dispute, my brother was paying for children’s schooling in Dubai and also living expenses except rent. And that also wife agreed to pay for the rent only.
    But since she refused to come back she is bearing all the expenses herself from that time. Now if
    Please advise, what is the best course of action to follow in the absence of my brother, so that I can tell my brother once he comes in contact. Can I become his general attorney to fight his case in his absence? Can she claim children custody with the age the children have attained and her maintenance charges for the time she was away from children and country for 3 years on her own accord, despite several calls from her husband and children to come back to Pakistan to fulfill her conjugal rights.

    Your early response is much appreciated.

    Warmest Regards.


  3. Salam sir.I have 2 son age 3 n half and second 11 months. I live my parents house from one n half both sons born in Karachi. My husband live in Lahore.he is not a responsible husband n not a responsible father.many times he n his sisters bad behavior n my husband beat me many short he is not a good man.sir how can I take full. custody of my sons. he gives me 5 thousand after one n half month.and said after 7 years he get my children’s. I have not divorce yet. I said always I don’t want divorce ic he want he give me. My. Children expensive above 5 thousand n my parents give me all expanses of my both children’s.plz tell me how can I take my children’s full custody.plzzzzzz help me.


    • you may file a case for guardianship, permanent custody and maintenance of children as well as your own maintenance


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