Adv Ch Shahid Bhalli

Key Provisions of Child Custody Act in Pakistan

As per Lawkidunya, The Pakistan Child Custody Act is not a specific act, but rather a collection of laws and regulations that govern child custody in Pakistan. The main laws that relate to child custody in Pakistan are:

Laws Governing Child Custody in Pakistan

1. The Guardians and Wards Act 1890: This act governs the appointment of guardians and the custody of minors.
2. The Muslim Family Laws Ordinance 1961: This ordinance governs family law matters, including child custody, for Muslims in Pakistan.
3. The Hindu Marriage Act 2017: This act governs family law matters, including child custody, for Hindus in Pakistan.
4. The Christian Marriage Act 1872: This act governs family law matters, including child custody, for Christians in Pakistan.

Key Provisions of the Guardians and Wards Act 1890

1. Welfare of the Child: The act emphasizes the importance of the child’s welfare in custody decisions.
2. Custody of Minors: The act provides that the custody of minors shall be determined by the court, taking into account the welfare of the child.
3. Appointment of Guardians: The act provides for the appointment of guardians for minors, who shall have the care and custody of the child.
4. Removal of Guardians: The act provides for the removal of guardians who are unfit or unsuitable to care for the child.

Key Provisions of the Muslim Family Laws Ordinance 1961

1. Custody of Children: The ordinance provides that the custody of children shall be determined by the court, taking into account the welfare of the child.
2. Rights of Parents: The ordinance provides that both parents have equal rights to the custody of their children.
3. Custody of Female Children: The ordinance provides that female children shall remain in the custody of their mother until they attain the age of puberty.

Key Provisions of the Hindu Marriage Act 2017

1. Custody of Children: The act provides that the custody of children shall be determined by the court, taking into account the welfare of the child.
2. Rights of Parents: The act provides that both parents have equal rights to the custody of their children.
3. Custody of Female Children: The act provides that female children shall remain in the custody of their mother until they attain the age of majority.

Key Provisions of the Christian Marriage Act 1872

1. Custody of Children: The act provides that the custody of children shall be determined by the court, taking into account the welfare of the child.
2. Rights of Parents: The act provides that both parents have equal rights to the custody of their children.
3. Custody of Female Children: The act provides that female children shall remain in the custody of their mother until they attain the age of majority.

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