Legal Question in Family Law in Pakistan

while deciding the custody of a minor child the court looks at the paramount welfare of the minor. If a child is suckling and minor naturally the custody will be kept with the mother or will be given to mother if in case the father had the custody. the previlege enjoy by a woman over her spouse that she can keep the custody of the minor ward in utter disregard of the fact that she had no source of income and is living with her parents or brother etc etc. The poverty or illetracy can not be ground of giving custody to a father. The law of hazanat says seven years however the superior courts had also held that if the child is in hazanat period even then the court had to see where the welfare of the minor lies. Vistation rights of a mother or father cannot be done away with even if the minor is suckling and in tender age and the any of the parent can exercise the right of visitation or meeting with the minor ward.

Nice answer. To add up i would like to say that for female child age limit is 18 years. Mother is entitled for custody of female child till she turns 18. However if the mother goes for 2nd marriage then she loses her right of custody. For more u can consult me at [email protected]

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