Islamabad, Apr 21, 2025: In a significant legal breakthrough, the Lahore High Court’s has affirmed that a mother does not forfeit her right to child custody solely because she remarries.
Justice Ahsan Raza Kazmi delivered a comprehensive four-page ruling in a case presented by Nazia Bibi, where a lower court had previously handed over the custody of a 10-year-old boy to the father.
The sole justification was the mother’s second marriage.
However, the High Court reversed this judgment, firmly stating that the child’s well-being must remain the core focus in any custody-related matter.
The ruling dismissed the widespread misconception that a mother automatically loses guardianship rights after marrying again.
Instead, it emphasized that judges must evaluate every case based on its specific circumstances.
If the mother’s care and environment continue to serve the child’s best interests, the court should not use her remarriage as the sole reason to deny custody.
The court highlighted that the mother had raised the child since birth and that removing him abruptly from her care due to her remarriage would unfairly harm him.
Such decisions, it noted, could severely impact a child’s emotional stability and mental health.
Furthermore, the bench drew attention to the fact that the parents had parted ways in 2016, but the father only sought custody in 2022.
The authorities did not convincingly explain this six-year gap, raising questions about the motive behind the custody request.
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The judgment hinted that the father reacted to a financial maintenance claim filed by the mother, rather than prioritizing the child’s best interest.
Ultimately, the High Court concluded that the trial court failed to consider essential aspects of the case.
As a result, the earlier verdict transferring custody to the father was annulled, restoring the child’s custody to the mother.
This ruling sets a powerful precedent, reinforcing that a mother’s remarriage alone is not a valid reason to strip her of custody, especially when she continues to provide a nurturing and stable environment for her child.
