Legal Question in Family Law in Pakistan

Dear,child custody is purely matter of personal law,Muhammadan Personal law ordains that minors shall be in custody of mother unless welfare of minor requires that child be placed in custody of father. till 7 years mother can claim custody of minor as RIGHT OF HIZANAT and normally keeping in view the welfare of minors female child can be placed in custody of mother till the time of her marriage and male child can be placed in custody of mother till the age of puberty.

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In Pakistan, the child custody matters dealt with under the Guardian and Ward Act, 1890. This law provides that the custody of the minor will be given to party where �welfare of the minor� shall lie [see Section 25 of the Act].

While deciding �welfare of the minor�, the courts look into various factors including circumstances where child will live in, financial position of the parties and other matters. Usually, the courts consider that it is in �welfare of the minor� to stay with mother until the age of 7 (in case of male). Unless, the mother has very week case, she can also press upon and win custody uptil 7 years of age on basis of �Natural Right to Custody�(Haq-ul-Hazana). After 7 years, she can claim custody on simple ground that welfare of minor does not lie in living with father. And for example, if the father contracts second marriage, the courts consider it not favorable for child�s welfare and hand over the custody to mother.

I hope this sufficiently answers your query, however, should you need assistance, do not hesitate to contact at [email protected] or call at 0333-4057077.