As per Lawkidunya, In Pakistani law, grandparents have rights to child custody, but these rights are not absolute and can be influenced by various factors. The Guardians and Wards Act 1890 governs child custody disputes, and while it doesn’t explicitly address grandparents’ rights, courts have interpreted the law to include them.

Key Considerations:

– Welfare of the Child: The court’s primary concern is the child’s welfare, and grandparents can be granted custody if it’s deemed in the child’s best interest.

– Parental Rights: Grandparents’ rights are secondary to those of the parents. If the parents are alive and capable of caring for the child, grandparents’ claims may not be prioritized.

– Custody and Guardianship: Pakistani courts distinguish between custody (day-to-day care) and guardianship (legal responsibility). Grandparents may be granted custody, but not necessarily guardianship.

Grandparents’ Rights in Specific Situations:

– Parental Absence: If the parents are absent or unable to care for the child, grandparents may be granted custody.
– Parental Dispute: In cases of parental dispute, grandparents may intervene and seek custody if they believe it’s in the child’s best interest.

It’s essential to note that Pakistani courts prioritize the child’s welfare and may consider various factors, including the child’s age, sex, and religion, when determining custody. If you’re a grandparent seeking custody or have questions about your rights, consulting with a qualified attorney specializing in family law in Pakistan is recommended.