LAHORE: The Lahore High Court (LHC) has ordered the recovery of two minor girls from the custody of their mother and their production before the court.
Justice Amir Ajam Malik heard the petition filed by a citizen, Mirza Zafar-ul-Hassan Baig. Advocate Muhammad Hussain Chotia appeared in court on behalf of the petitioner.
During the hearing, counsel for the petitioner took the position that, following an estrangement between the husband and wife, the mother took both minor daughters with her from Mazang Road to Karachi.
Advocate Muhammad Hussain Chotia further informed the court that the ages of both girls are ten and nine years, and that they are presently in the custody of their mother in Karachi.
Counsel for the petitioner requested that an order be issued for the recovery of both minor girls and their handover to the father.
The court ordered the SHO of Islampura police station to recover both minor girls from Karachi.
The Lahore High Court directed that both girls be recovered and produced before the court on August 31.
Child custody in Pakistan is governed by the Guardians and Wards Act, 1890, read together with the personal law applicable to the parties. The Act vests jurisdiction in the Guardian Judge, who determines questions of custody and guardianship.
Under Muslim personal law as applied in Pakistan, the mother is ordinarily entitled to hizanat — physical custody — of minor children, with the period varying by the child’s sex under classical formulations. However, this entitlement is not absolute. The courts have consistently held that the paramount consideration in every custody determination is the welfare of the child, and that the rules of hizanat operate subject to that overriding principle.
Welfare is assessed across multiple dimensions: the emotional bond between child and each parent, the capacity of each parent to provide care and supervision, financial means, the stability of the proposed living environment, the child’s educational continuity, and — where the child is of sufficient age and understanding — the child’s own expressed preference.
An important distinction applies to the present order. A direction to recover children and produce them before the court is not itself a determination of custody. It establishes the physical presence of the children before the judge and enables the court to see them, hear from them if appropriate, and make an informed interim arrangement.
The substantive question of where the girls will reside on a continuing basis falls to be determined either by this court or by the Guardian Court on a full assessment of welfare, with both parents heard.
The direction to a Lahore police station to effect recovery from Karachi introduces a jurisdictional dimension. Removal of children to another province during a custody dispute is a recurring feature of such cases, and typically requires coordination between police forces of the two provinces for execution of the court’s order.
The matter is scheduled for August 31.
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