The Lahore High Court has ruled that a mother’s remarriage does not automatically disqualify her from retaining custody of her child, emphasizing that the welfare of the child remains the foremost consideration.
Justice Ahsan Raza Kazmi issued the four-page verdict while hearing a petition filed by Nazia Bibi, reaffirming that although custody is traditionally granted to the mother, her remarriage alone is not a valid reason for its withdrawal.
The court observed that exceptional circumstances must be present to override the mother’s right to custody, and in this case, the child had been living with the mother since birth. Removing custody solely based on her remarriage would negatively impact the child’s well-being and personality, the verdict noted.
It further pointed out that the father filed the custody case in 2022—six years after the couple’s separation in 2016—without providing any valid reason for the delay. The court suspected that the move may have been prompted by an anticipated loss in a financial support case.
Declaring the trial court’s earlier decision flawed for ignoring key factors, the High Court overturned the ruling and restored the child’s custody to the mother.