Legal Insights by Naich Law Firm

Child Custody in Pakistan: Understanding the Legal Process

Explore the complex issue of child custody in Pakistan. Get insights into the legal process and the role of the Guardian Judge in protecting the best

The custody of children in Pakistan is a complex issue that requires a nuanced approach. It is crucial that the rights of the child are protected and their best interests are taken into account when a married couple separates or divorces. This is why the court system in Pakistan, through the Guardian Judge, plays a crucial role in handling these cases.

The Guardian Judge has been granted powers under the Criminal Procedure Code to recover a child who has been removed from the custody of a legal guardian. This shows the importance placed on the welfare of the child in these cases. When determining custody, the court takes into account several key factors, including the child's age.

For children under 7 years of age, the court generally awards custody to the mother if the child is a boy and to the father if the child is a girl. However, these general rules may not apply in exceptional cases, where the court may determine that it is in the best interests of the child to award custody to another party.

It is important to understand that the award of legal guardianship is based solely on what is in the best interests of the child. The court takes this into account when making its decision, and the award is given to the party that is in the best position to provide for the child's physical, emotional, and educational needs. This may vary from case to case and may depend on a variety of factors such as the financial resources, stability, and ability to provide a safe and nurturing environment for the child.

In conclusion, the custody of children in Pakistan is a serious matter that requires careful consideration and a thorough understanding of the law. The court, through the Guardian Judge, is committed to ensuring that the child's best interests are protected and that the award of legal guardianship is based on what is in the child's best interests. This is essential in ensuring that children grow up in safe and stable environments and have the opportunity to thrive and reach their full potential.

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About the Author

As a practicing Advocate of the High Court of Sindh, with my office located in Karachi, I specialize in both civil and criminal litigation. I enjoy taking on complex multi-party cases and solving challenging legal issues through persuasive arguments…

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