Asjad Ullah V. Mst. Asia Bano and others (Civil Petition No. 3920 of 2024, Supreme Court of Pakistan)
In this first episode of the Qanoondan Case Law Review, we look at a key child custody case in Pakistan. The case is titled Asjad Ullah v. Asia Bano and others (Civil Petition No. 3920 of 2024, Supreme Court of Pakistan).
The father in this case lived abroad for 13 years. He had never met his minor daughter but sought her custody based only on his biological status as her father.
However, the Supreme Court of Pakistan ruled that custody is not automatic. Biological relationships are important, but they are not enough. A child’s welfare must come first.
Key Highlights from the Judgment
1. Mother’s Remarriage Isn’t a Disqualification
The court explained that if a mother remarries, it does not mean she loses the right to custody. Even if the child doesn’t know the new husband, that fact alone does not make the mother unfit. The key question remains: what is best for the child?
2. Father’s Lack of Involvement Matters
Although the father is the natural guardian under Islamic law, he had shown little care or commitment. He visited Pakistan only once in four years. Also, he never even applied for visitation rights.
This lack of interest showed that he wasn’t ready to take on full-time responsibility.
3. Child’s Well-being is the Top Priority
The court made it clear: decisions must focus on the child’s overall welfare. This includes emotional bonds, education, health, and mental stability. Legal rights come second to what the child actually needs.
4. Consistency with Islamic and International Law
This ruling follows both Islamic law and international child rights laws. Under Islamic law, fathers may get custody under certain conditions—such as for boys after age seven, or girls after puberty. Still, this depends on the father’s ability to care for the child.
The court also referred to global standards like the UN Convention on the Rights of the Child, which says the child’s welfare should guide every decision.
Conclusion
This case regarding child custody case Pakistan sends a clear message: Courts in Pakistan now prioritize the child’s needs over legal titles or biological links. A parent must show they can provide a safe, stable, and loving environment—emotionally, mentally, and physically.
