Mothers can now retain child custody after remarriage

LAHORE: The Lahore High Court (LHC) has delivered a landmark verdict, ruling that a mother can retain child custody even after remarriage if it serves the best interest of the child.

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 due to her remarriage.

In his four-page written verdict, Justice Kazmi emphasized that the welfare of the child must be the foremost concern in custody cases.

The court noted that while it’s common practice to grant custody to the mother, this right is often taken away if she remarries.

However, the judge added that this isn’t an absolute rule and exceptional circumstances can justify the mother retaining custody.

In this case, the child had been with the mother since birth, and separating him from her would negatively impact his well-being.

The court also pointed out that the father had waited six years before filing for custody, despite the couple’s separation in 2016. The father had earlier filed a child maintenance case, but likely fearing its failure, he filed for custody instead.

The LHC declared the trial court’s decision to hand over custody to the father void, stating that it overlooked key aspects of the case. This ruling prioritizes the child’s best interest and recognizes the mother’s role in their upbringing.