The court held that the ‘child’s voice’ is fundamental to custody determinations and cannot be treated as a mere formality.
In an important ruling underlining the primacy of the welfare of the child and his right to be heard, the Lahore High Court dismissed a constitutional petition challenging the custody of a 12-year-old girl, saying that her intelligent preference to live with her maternal grandmother must be respected.
The court held that the “child’s voice” is critical to custody determinations and cannot be treated as a mere formality. LHC judge Rasaal Hasan Syed highlighted that under section 17(3) of the Guardians and Wards Act, 1890, a child of sufficient maturity has the right to express a preference, which must be considered meaningfully.
Based on high court rulings, the LHC ruled that social well-being is a standard of living that encompasses emotional, psychological and developmental needs, beyond material considerations or parental claims.
During the courtroom interaction, the neatly dressed, confident and articulate girl clearly expressed her desire to live with her maternal grandmother, with whom she has lived since birth and feels emotionally safe. The court noted that the girl expressed discomfort with her father due to perceived neglect and affirmed her comfort and attachment to her grandmother.
It may be mentioned that the father had sought custody under section 25 of the Guardianship and Wards Act, 1890, which was initially granted by the Guardian Judge, Sialkot, on April 11, 2023. However, the District Judge, Sialkot, set aside that order on June 2, 2023, entrusting the custody to the maternal grandmother. Both parents have since remarried and have children from their second marriages. The father has five children, while the mother has two.
The LHC reviewed the record and affirmed the appeal order, determining that the deciding factor was the child’s informed preference. Citing the Supreme Court judgment in Dr. Muhammad Asif vs. Dr. Sana Sattar (CRP No. 458 of 2024), the court reiterated that listening to a child is a constitutional and international obligation, not an aspirational ideal. The participation of the child, the court observed, is fundamental to a justice system that respects dignity.
While maintaining custody with the maternal grandmother, who was present in court and was deemed alert, healthy, and devoted, the court ordered that the father must pay regular support. It also ordered the court in question to immediately enforce and finalize a workable visitation schedule, ensuring that the child’s well-being remains paramount.
The court noted that entrusting custody of minor girls to maternal grandmothers during sensitive developmental years is well recognized in law, citing multiple precedents in which such arrangements were in the best interests of the child.
Concluding that the district judge’s order protects the child’s well-being and faithfully honors the child’s voice, the LHC dismissed the petition.
