Law: Constitution of Pakistan 1973

Section: 199

Law: Guardians and Wards Act, 1890

Section: 17 & 25

 Summary The petitioner (mother) challenged the concurrent judgments of the Family Court and Appellate Court, which had granted custody and guardianship of her two minor daughters to their father. The High Court held that the paramount consideration in custody disputes is the welfare and best interests of the minors, not the remarriage of the mother. The Court found that the daughters were receiving quality education, were emotionally attached to their mother, and voluntarily expressed their desire to continue living with her. It ruled that a mother's remarriage does not automatically disentitle her from custody where the welfare of the children lies with her. Consequently, the High Court set aside the judgments of the courts below, appointed the mother as guardian of the minors, retained custody with her, and granted structured visitation rights to the father. Tagline Mother's remarriage is not an absolute bar to child custody; the welfare and best interests of the minor remain the paramount consideration. ORDER; Sadiq Ali, J.- Through the instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has challenged the judgement dated 06.8.2025 (“impugned judgment”) of learned Additional District Judge-V, D.I.Khan whereby the Family Court Appeals filed by both the parties against the judgement and decree dated 16.12.2024 passed by learned Senior Civil Judge/Judge Family Court-I, D.I.Khan were dismissed. The brief facts of the case are that the marriage between the petitioner and respondent No. 1 was solemnized, and out of the said wedlock, one son Muhammad Aune, and two daughters Mashal Iman and Dua Sakina (minors) were born. However, the marriage contract could not be remained as parents of the minors had parted their ways. The respondent filed an application under Section 25 of the Guardian and Wards Act, 1890 before the learned Judge Family Court/Guardian Judge, D.I.Khan, seeking appointment as guardian of the minors daughter Mashal Iman and Dua Sakina. Learned trial Court, after recording the evidence of both parties and affording them ample opportunity of hearing, accepted the…