As per Lawkidunya, In Pakistan, the sole custody rights of mothers are governed by the Guardians and Wards Act 1890 and the Muslim Family Laws Ordinance 1961. Here are some key points:
Sole Custody Rights of Mothers
1. Preferential Right: Under the Muslim Family Laws Ordinance 1961, the mother has a preferential right to custody of her minor children until they reach the age of seven for boys and puberty for girls.
2. Court Discretion: However, the court has the discretion to grant sole custody to either parent based on the child’s best interests.
3. Parental Fitness: The court assesses the physical, emotional, and mental fitness of both parents to determine who is better suited to have sole custody.
4. Child’s Wishes: If the child is old enough, their wishes are taken into consideration.
Factors Influencing Sole Custody Decisions
1. Financial Stability: The court evaluates the financial stability of both parents to determine who can provide better financial support for the child.
2. Parent-Child Relationship: The quality of the relationship between each parent and the child is evaluated.
3. Child’s Education and Welfare: The court considers the child’s education, health, and overall welfare when making a custody decision.
Recent Developments and Reforms
1. Amendments to the Guardians and Wards Act 1890: There have been proposals to reform the Act, providing clearer guidelines on sole custody and prioritizing the child’s welfare.
2. Establishment of Family Courts: The Family Courts Act 1964 established family courts to deal with family disputes, including child custody cases.
Key Cases and Precedents
1. PLD 1957 Lahore 551: The Lahore High Court held that the mother’s right to custody is not absolute and can be overridden if it is not in the best interests of the child.
2. PLD 1974 SC 574: The Supreme Court of Pakistan held that the court has the discretion to grant sole custody to either parent based on the child’s best interests.
These cases and precedents demonstrate that Pakistani courts prioritize the child’s welfare and best interests when making custody decisions, rather than solely relying on traditional Islamic law principles or the rights of parents.
