Court grants parents custody of minor daughter

Petition of uncle, aunt regarding adoption rejected

LAHORE:

The Lahore High Court (LHC) has handed over the custody of a minor girl to her biological parents, rejecting the petition of her maternal uncle and aunt who had sought to retain her guardianship.

In its ruling, the court emphasized that there is "no substitute for real parents" and upheld the unique and irreplaceable role of biological ties in a child's life.

Justice Chaudhry Muhammad Iqbal, while dismissing the petition filed by the maternal uncle and aunt, observed that although adoptive parents may provide emotional support and stability, the connection between a child and their biological parents holds a profound and instinctive value that cannot be replicated.

"Adoption is a noble and selfless act, offering a child love and security," Justice Iqbal stated. "However, the affection and familiarity between biological parents and a child are deeply rooted in natural and evolutionary bonds, which often form the foundation of a child's emotional identity."

The petitioners, the maternal uncle and aunt of the girl, had challenged a decision of the district court that favoured the biological parents.

The LHC, however, upheld the district court's verdict, ruling that the welfare of the minor, Midhat Azhar, is best served in the custody of her real parents.

According to case details, the biological parents of the minor were blessed with twin daughters—Midhat Azhar and Seerat Fatima—on July 11, 2018. The petitioners, being close relatives, had requested to adopt one of the twins, and the parents had temporarily handed over custody of Midhat Azhar with the understanding that she would be returned whenever asked.

On March 25, 2021, the parents requested the return of their daughter, but the petitioners refused.

This led the parents to file a petition with the Guardian Judge in Kasur, which was initially dismissed on May 31, 2024. They then appealed to the district court, which ruled in their favor and ordered the return of the child.

The maternal uncle and aunt subsequently challenged this order in the LHC, which has now upheld the district court's decision.

The judgment reiterates that while adoption can provide a supportive environment, it should not override the natural rights of biological parents unless exceptional circumstances justify such a move.