The Federal Constitutional Court has ruled that a Child cannot be taken away from the mother solely because she has entered into a second marriage. The court made the remarks while hearing a custody case involving a nine-year-old child after the death of the father.
A three-member bench headed by Justice Hassan Azhar Rizvi heard the petition seeking custody of the Child. The petitioners requested that the child be handed over to the grandmother or maternal aunt instead of remaining with the mother.
However, the court rejected the request and ruled that giving custody of the Child to the mother was fully in accordance with the law.
During the hearing, Justice Hassan Azhar Rizvi questioned the reasons behind the custody request. He asked whether the relatives seeking custody had shown concern about the child’s education, well-being, or overall upbringing.
The judge observed that a mother cannot lose custody rights simply because she remarries. He emphasized that the court must focus on the welfare and best interests of the child rather than personal disputes between family members.
The hearing also included discussions about a property-related issue connected to the child’s inherited share after the father’s death. The petitioner’s lawyer argued that the mother had sold property belonging to the child.
Justice Rizvi questioned whether the petitioners were also interested in recovering the child’s share from the father’s side. He also referred to an FIR reportedly filed against the mother and noted signs of ongoing family tension and resentment.
The judge stated that if any inherited property was sold, it should have been done with permission from the guardian court. However, he clarified that the main issue before the court was custody of the child and not the property dispute itself.
“It appears that more importance is being given to property than to the child,” Justice Rizvi remarked during the proceedings.
The Federal Constitutional Court also noted that previous courts had already supported the decision to keep the child with the mother after the father’s death. Earlier rulings had consistently upheld her custody rights.
After reviewing the case, the court dismissed the petition seeking transfer of custody. The bench maintained that the child’s handover to the mother was lawful and in line with legal principles.
Legal experts say the ruling highlights the importance of child welfare in custody cases and reinforces that remarriage alone cannot be used as grounds to remove custody from a mother.
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The decision has attracted attention because it addresses both family rights and the legal standards applied in child custody matters across Pakistan.
