LAHORE:
The Lahore High Court (LHC) has dismissed a constitutional petition challenging the custody of a 12-year-old girl, holding that a child’s intelligent preference is decisive and cannot be treated as a mere formality.
In the order that highlighted the importance of a child’s welfare and right to be heard, Justice Rasaal Hasan Syed observed that under Section 17(3) of the Guardians and Wards Act, 1890, a child who has attained sufficient maturity has the legal right to express a preference in matters of custody and such preference must be taken into account and taken into account.
The court emphasized that the “voice of the child” is at the heart of custody decisions.
Based on settled case law, the court ruled that the concept of welfare is a dynamic and comprehensive standard that extends beyond material comfort to include emotional, psychological and developmental well-being.
During an on-camera interaction, the minor, described by the court as confident, articulate and well-presented, clearly expressed her desire to live with her grandmother, with whom she has lived since birth and where she feels emotionally safe.
The court noted that the child expressed discomfort with her father, citing perceived neglect, and reaffirmed her strong attachment to her grandmother.
The father had sought custody under section 25 of the Guardians and Wards Act, 1890.
While a guardian judge in Sialkot granted him custody on 11 April 2023, the district judge, Sialkot, set aside this order on 2 June 2023 and entrusted custody to the maternal grandmother.
Both parents have since remarried and have children from their second marriages.
After examining the record, the LHC upheld the Court of Appeal’s ruling, holding that the determining factor was the child’s informed and independent preference.
The court cited the Supreme Court judgment in Dr. Muhammad Asif v. Dr. Sana Sattar (CRP No. 458 of 2024), and reiterated that listening to a child is a constitutional and international obligation, not a symbolic exercise.
While he retained custody with the maternal grandmother, who was present in court and found to be healthy, alert and devoted – the court ordered the father to pay regular maintenance.
It also ordered the court concerned to immediately enforce and finalize a workable visitation plan to protect the best interests of the child.
The court further noted that placing minor daughters in the care of maternal grandmothers during sensitive developmental years is a recognized practice in the law, supported by consistent legal precedents.
