Remarriage no grounds to deny child custody: LHC

The Lahore High Court (LHC) Bahawalpur Bench expressed strong disapproval over a district court judge's remarks in a guardianship case, terming them irrelevant and biased.

The judge had ruled that a woman's multiple marriages would negatively impact her minor daughter, stating, "Daughters always follow the footsteps of their mothers."

Justice Faisal Zaman Khan, in a detailed judgment, set aside two earlier rulings by the district court and appellate court that had granted custody of the minor to her father.

He allowed the mother's petition, directing the father to approach the guardian court to finalise a visitation schedule for the child.

The case arose when the ex-husband, following the dissolution of marriage, sought custody of the minor daughter, citing the mother's remarriage as a disqualification. The district court ruled in favour of the father, and the appellate court upheld the decision.

The mother subsequently challenged these decisions in the LHC Bahawalpur Bench.

Justice Khan emphasised the paramount importance of the minor's welfare, particularly as she approaches adolescence.

He observed that during this critical phase of physical and emotional development, the mother's guidance would be far more beneficial than that of a stepmother or paternal relatives.

Justice Khan strongly criticised the district court judge's remarks about the petitioner's remarriages, pointing out that such opinions fell outside the judge's domain.

"The court is a court of law, not an expert in behavioural science or psychology," Justice Khan remarked, adding that the same scrutiny was not applied to the father, who had also remarried multiple times.

The judge noted that both parents' remarriages should be considered equally and should not automatically disqualify either party from custody.