As per Lawkidunya, Here are some key cases and precedents that have shaped the law and practice of permanent child custody in Pakistan:
Landmark Cases
1. PLD 1964 SC 673 – Mst. Zohra Bibi v. Muhammad Bashir: This case established the principle that the welfare of the minor is the paramount consideration in determining custody.
2. PLD 1976 SC 306 – Muhammad Yousuf v. Mst. Farzana: The Supreme Court held that the mother’s preferential right to custody of the child is not absolute and can be disregarded if it is not in the best interests of the child.
3. PLD 1984 SC 371 – Muhammad Hussain v. Mst. Naseem Akhtar: The Court held that the character and conduct of the parents are relevant factors in determining custody.
4. PLD 1993 SC 178 – Mst. Rukhsana v. Muhammad Iqbal: The Supreme Court held that the court has the discretion to grant custody to either parent, regardless of the age or sex of the child.
Key Precedents
1. Mother’s Preferential Right: The mother has a preferential right to custody of the child until the age of seven for boys and puberty for girls (PLD 1976 SC 306).
2. Welfare of the Minor: The welfare of the minor is the paramount consideration in determining custody (PLD 1964 SC 673).
3. Character and Conduct: The character and conduct of the parents are relevant factors in determining custody (PLD 1984 SC 371).
4. Financial Stability: The financial stability of the parents is a relevant factor in determining custody (PLD 1993 SC 178).
Recent Developments
1. The Guardian and Wards (Amendment) Act 2020: This amendment introduced changes to the Guardian and Wards Act 1890, including the introduction of a new provision that allows the court to consider the wishes of the child in determining custody.
2. The Family Courts (Amendment) Act 2020: This amendment introduced changes to the Family Courts Act 1964, including the introduction of a new provision that allows the court to appoint a guardian ad litem to represent the interests of the child in custody proceedings.
These cases and precedents demonstrate the evolving nature of child custody law in Pakistan and highlight the importance of considering the welfare of the minor in determining custody.