Peshawar High Court Declares Remarriage Does Not Disqualify Mother Fro

Peshawar High Court Declares Remarriage Does Not Disqualify Mother From Custody

The Peshawar High Court has determined that a mother's second marriage does not automatically strip her of child custody rights, prioritizing the welfare of the child.

NationPulse Desk

Oct 26, 2026 · 12:34 PM 2 min read

Key takeaways

The Peshawar High Court ruled that a mother's second marriage does not automatically disqualify her from child custody.

Justice Mohammad Naeem Anwar dismissed a father's custody petition from Kohat while keeping his visitation rights.

The court highlighted that a child's emotional bonds, education, and settled environment must outweigh parental claims.

Initial father-son meetings will occur at the family court in Lachi, Kohat, with a schedule set by the judge.

A mother cannot lose custody of her child simply because she entered into a second marriage, according to a recent decision by the Peshawar High Court. The bench emphasized that the well-being of the minor must take precedence over the demands of either parent.

Justice Mohammad Naeem Anwar delivered the verdict while resolving a petition brought by a father residing in Kohat. Although the court dismissed the father's plea to obtain custody, it maintained his visitation privileges.

Writing in an eight-page judgment, the court pointed out that judicial authorities need to evaluate the emotional ties, schooling, stable surroundings, and complete growth of the child. The decision clarified that a mother tying the knot again should not serve as the sole factor in deciding the case.

The couple split following the dissolution of their marriage in 2018. Their child stayed with the mother, who entered a second marriage in 2024. The boy subsequently started living with his maternal grandfather in Shakardara, Kohat.

Custody was awarded to the father by a trial court in October 2025. An appellate court subsequently reversed that ruling in March 2026, prompting the father to file a petition with the high court.

The judges observed that the boy, who is approximately nine to 10 years old, had never resided with his father. An immediate relocation could consequently harm his emotional stability, education, and everyday life. Records showed that both mother and father had remarried.

The bench directed that the present custody setup remain in place until a qualified court orders otherwise.

Initial meetings between the father and son will be conducted at the family court located in Lachi, Kohat. The presiding judge will establish a practical timetable to foster their connection without disturbing the child. The parties involved are permitted to submit a joint plan for routine visits, encompassing school break periods.

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