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Welfare of the Child is the Paramount Consideration in Guardianship Matters --- Lahore High Court, Lahore grant Custody of Minor to her Mother as she expressed her preference to live with her mother

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Welfare of the Child is the Paramount Consideration in Guardianship Matters --- Lahore High Court, Lahore grant Custody of Minor to her Mother as she expressed her preference to live with her mother

Islamabad 16-12-2024: In a significant ruling, the Lahore High Court, Bahawalpur Bench, set aside decisions of two lower Courts and restored the custody of a 12-year-old minor to her mother, emphasizing that the welfare of the child is the paramount consideration in guardianship matters.

Mr. Justice Faisal Zaman Khan delivered the judgment in Mst. Robina Iqbal Vs. Additional District Judge, etc. (WP No. 997/2024-BWP), overturning previous judgments that had granted custody to the father on grounds of the mother’s remarriage.

The Court reaffirmed the legal principle that the welfare of the minor is the foremost consideration in custody disputes. Factors such as the minor’s age, gender, preference, and the capacity of the proposed guardian are critical in determining custody.

Mr. Justice Faisal Zaman Khan criticized the lower Courts for relying on the Petitioner’s remarriages to deny her custody, noting that both parents had remarried. The Court, citing precedents like Mst. Qurat-ul-Ain Vs. SHO (2024 SCMR 486), held that remarriage alone does not disentitle a mother from retaining custody.

The minor appeared in Court and expressed her preference to live with her mother. The Court found the child intelligent and mature enough to make an informed decision, further reinforcing its ruling.

The Lahore High Court strongly criticized the lower Courts for speculative observations about the Petitioner’s remarriages and potential influence on the child’s upbringing. It termed these assumptions as unfounded and contrary to the law.

Responding to the father’s argument about the mother’s financial inability, the Court held that poverty is not a ground to disqualify a parent from custody if the welfare of the child is ensured.

The Lahore High Court set aside the judgments of the lower Courts and dismissed the guardianship petition filed by the father. However, it granted the father liberty to approach the Guardian Court to establish a visitation schedule with the minor.