Mother to get custody despite second marriage, LHC rules

LAHORE: The Lahore High Court (LHC) has ruled that a mother can still retain child custody even after remarriage, if it is in the best interest of the child.

In a four-page written verdict on a petition filed by Nazia Bibi, Justice Ahsan Raza Kazmi set aside a previous ruling that transferred custody of a 10-year-old boy from his mother to his father solely on the grounds of her remarriage.

The judgement stated that in child custody cases, the welfare of the child must remain the foremost concern.

 “Normally, the mother is granted custody, but this right is often taken away if she remarries,” the judge noted.

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However, the court added that this is not an absolute rule and in exceptional circumstances, custody can still remain with the mother if it serves the child’s best interest.

The verdict highlighted that the child had been with the mother since birth and taking him away only because she remarried would negatively impact his personality.

The court observed that the couple separated in 2016, while the father filed for custody in 2022. The father failed to explain the six-year delay in approaching the court.

The judgement further noted that the father had earlier filed a child maintenance case, but likely fearing its failure, he filed for custody instead. T

he trial court, the High Court said, overlooked key aspects of the case, and thus, its decision to hand over custody to the father was declared void.