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 preferences are decisive and cannot be treated as a mere formality.
In the ruling highlighting the importance of the child’s welfare and the 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 custody preference, and such preference must be given due and serious consideration.
The court emphasized that the “voice of the child” is at the heart of custody decisions.
Relying on well-established case law, the court held that the concept of well-being is a dynamic and comprehensive standard that extends beyond material comfort to include emotional, psychological, and developmental well-being.
During a closed-door interaction, the minor, described by the court as confident, articulate and well-presented, clearly expressed her desire to live with her maternal grandmother, with whom she has resided since birth and where she feels emotionally secure.
The court noted that the child had expressed unease towards his father, citing apparent neglect, and reaffirmed his strong attachment to his grandmother.
The father had applied for custody under section 25 of the Guardians and Wards Act 1890.
While a guardian judge in Sialkot granted her custody on April 11, 2023, the district judge in Sialkot vacated this order on June 2, 2023 and awarded custody to the maternal grandmother.
Both parents have since remarried and have children from their second marriage.
After reviewing the record, the LHC affirmed the appeals court’s order, finding that the deciding factor was the child’s informed and independent preference.
The court cited the Supreme Court’s judgment in the case of Dr Muhammad Asif v Dr Sana Sattar (CRP No. 458 of 2024), reiterating that listening to a child is a constitutional and international obligation, and not a symbolic exercise.
While retaining custody with the maternal grandmother, present in court and deemed healthy, attentive and devoted, the court ordered the father to pay regular child support.
She also ordered the concerned court to immediately implement and finalize a workable visitation schedule to safeguard the best interests of the child.
The court further noted that placing minor girls in the custody of their maternal grandmothers during the sensitive years of their development is a well-recognized practice in law, supported by consistent judicial precedents.
