Child Custody Laws In Pakistan

 Custody battles are among the most delicate issues handled by family courts. In Pakistan, these disputes are governed primarily by the Guardians and Wards Act of 1890, supported by Islamic principles that emphasize the welfare of the child. While this framework has provided guidance for decades, the question arises: are these laws sufficient for today’s evolving family structures, or does Pakistan urgently need reforms to modernize  Child Custody Laws in Pakistan ? The Historical Context The Guardians and Wards Act of 1890 was introduced during the colonial period, over a century ago. Although it has stood the test of time, society has changed dramatically since then. Urbanization, globalization, women’s increasing participation in the workforce, and shifting family dynamics have created scenarios that the original law did not fully anticipate. For example, the Act assumes a traditional family structure where fathers are financial providers and mothers are primary caregiv...

  What Role Does the Child’s Preference Play Under Child Custody Laws in Pakistan? When parents separate or divorce, deciding who will have custody of the child is often one of the most challenging aspects of the process. While courts in Pakistan prioritize the welfare of the minor , many parents wonder whether the child’s own wishes are taken into account. The answer is yes—but within limits. The child’s preference can influence the outcome of a custody case under  Child Custody Laws In Pakistan , but it is not the only deciding factor. Legal Context for Considering a Child’s Preference Custody laws in Pakistan are primarily guided by the Guardians and Wards Act, 1890 , along with Islamic principles of guardianship. The overarching principle is that decisions must serve the best interests of the child. While the law does not grant a child the sole authority to decide where they will live, courts do consider their preference, particularly when the child is mature enough to...

  Child Custody Laws In Pakistan , rooted primarily in Islamic jurisprudence and local statutes, have traditionally followed a somewhat rigid structure. However, with societal norms rapidly changing—where both parents are increasingly involved in their child’s upbringing, and women are asserting greater economic and social independence—a fundamental question arises:  Are Pakistan’s child custody laws evolving to meet the needs of modern parenthood? The Legal Framework Child custody matters in Pakistan are governed by a combination of the  Guardian and Wards Act 1890  and interpretations based on  Islamic principles . In most cases, the mother is granted custody of minor children (especially daughters under puberty and sons under the age of seven) during the early stages of life under the concept of  Hizanat . However, this right is not absolute—it can be revoked if the mother is found unfit due to reasons such as remarriage to a non-relative of the child or...