Custody of Minor Children in Pakistan. Granted to Mother.
Whether father has preference in custody of minor's or not?
Whether Mother has preference in custody of minor's or not?
Conduct of the Father/Husband and Mother/Wife.
Guardianship.
Appointment of Guardian.
Welfare of the Minor.
Maintenance of Minors.
Refixation of Maintenance Allowance of Children.
Supreme Court & High Court's Latest Case Laws on Custody of Children, Maintenance Allowance of Children and Welfare of Minor/Children.
Legal Age Of Child Custody After Divorce Between the Husband & Wife:
Laws in Pakistan: The custody of a minor is given to the mother, this right is called the right of hizanat. But after the age of seven years, the mother’s right over the son ends however it is not an absolute right; it is made in the interest of the boy. Girls are given to mothers until they attain puberty. One important aspect of this law is that the conduct of the mother is of great importance, and if that is found ‘objectionable’, she may not be given custody rights. The father has the right to custody after the mother’s term ends by the court of law. In case of the absence of both parents, the grandparents are offered custody of the child.
Guardians And Wards Act (VIII Of 1890)
Ss. 17 & 25 Interpretation of Ss. 17 & 25, Guardians and Wards Act, 1890 Terms “Hizanat” and “Willayat” Scope
Sections 17 and 25 of the Guardians and Wards Act, 1890, encircle the rights regarding custody of minors by their parents which rights are usually termed as “Hizanat” and “Willayat” .
The word “Hizanat” is used for custody of minors by mother and the term “Willayat” is used for custody of minors by father.
Word “Hizanat” in its literal sense means “upbringing”.
Therefore it covers the concept of “Wallayat” too.
It is also important to point out that in legal terminology the word “Hizanat” or “Willayat” cannot be limited to the extent of mother or father of minors because the duty of upbringing can be performed by any person who has legal right to do so such as maternal or paternal aunts or grandmother.
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