A mother cannot lose the custody of her child solely because she entered into a second marriage, according to a recent ruling by the Peshawar High Court. The bench emphasized that the primary focus in family disputes must always be the welfare of the child.
Justice Mohammad Naeem Anwar delivered this verdict while resolving a petition brought by a father residing in Kohat. The man had requested custody of his son following the remarriage of his ex-wife in 2024.
Following the divorce of the parents in 2018, the young boy remained with the mother's relatives. The child, who is approximately nine to 10 years old, has never resided with his father.
Judges rejected the father's bid to transfer custody, ruling that the current living situation must stay in place. Nevertheless, the court provided him with visitation privileges, instructing that initial visits occur at the family court in Lachi, Kohat, to assist the father and son in slowly developing a bond.
The court noted that magistrates need to evaluate a child's psychological needs, schooling, domestic setting, and general growth prior to rendering custody judgments.
