Child Custody Law in Pakistan (Punjab) 2026: Mother’s and Father’s Rights, Hizanat and the Guardian Court

When parents separate or divorce, the first question is usually: who will keep the children? In Pakistan, child custody (hizanat) and guardianship are decided by the Guardian Court, which in Punjab is the Family Court. This guide explains the child custody law in Pakistan as applied in Lahore and across Punjab in 2026: the mother’s rights, the father’s rights, visitation (meeting) schedules, maintenance, and how a custody case actually runs.

اردو میں پڑھیں: پاکستان میں بچوں کی کسٹڈی اور سرپرستی کا قانون

Quick answer: who gets custody of a child in Pakistan?

• The welfare of the child decides everything. Under Section 17 of the Guardians and Wards Act, 1890, the court must be guided by what is best for the minor.
• Mother’s preferential right (hizanat): under Muslim personal law (Hanafi school), the mother is generally entitled to custody of a son until he turns 7 and of a daughter until she reaches puberty.
• Father is the natural guardian: he remains the legal guardian of the child’s person and property, and is responsible for maintenance, even when the mother has custody.
• None of these rules is absolute. The Supreme Court has repeatedly held that the age rules give way to the welfare of the child.

Custody and guardianship: what is the difference?

People use the two words interchangeably, but the law treats them differently:

• Custody (hizanat) means the day-to-day physical care of the child: where the child lives, who looks after the child’s food, schooling and upbringing.
• Guardianship (wilayat) is the wider legal authority over the child’s person and property: important decisions, documents, property and legal representation. Under Muslim law the father is the natural guardian.

So a mother may have custody of the children while the father remains their guardian. A court can also appoint or declare a guardian under the Guardians and Wards Act where the welfare of the minor requires it.

The law that applies in Punjab

• Guardians and Wards Act, 1890: the main statute on custody and guardianship for children of all religions. Key provisions are Section 7 (appointment of guardian), Section 12 (interim custody and protection), Section 17 (welfare of the minor), Section 25 (return of a child to the guardian’s custody) and Section 26 (removal of a ward outside the court’s jurisdiction).
• Family Courts Act, 1964 (as amended in Punjab): custody of children and guardianship are listed in the Schedule, so these cases are tried by the Family Court. Under Section 25 of the Act, the Family Court is deemed to be a District Court for the purposes of the Guardians and Wards Act, which is why it is commonly called the Guardian Court.
• Muslim personal law (hizanat): the principles in Mulla’s Principles of Mahomedan Law (paragraphs 352 to 355) on the mother’s right of custody, the order of female relatives and the grounds of disqualification.
• Constitution and international law: Pakistani courts also refer to the UN Convention on the Rights of the Child, especially the principle that the best interests of the child are a primary consideration.

Mother’s right to custody in Pakistan

Under hizanat, the mother has the first right to the custody of young children. In the Hanafi school, which most Muslims in Punjab follow, the mother is entitled to keep:

• a son until he completes 7 years of age; and
• a daughter until she attains puberty.

If the mother is not available or is disqualified, custody passes in a set order to other female relatives, beginning with the mother’s mother and then the father’s mother.

Can a mother lose custody?

Traditionally, a mother could lose hizanat if she remarried a person not related to the child within the prohibited degrees, led an immoral life, neglected the child, or moved the child far away from the father without his consent. However, the courts no longer apply these grounds mechanically:

• In Raja Muhammad Owais v. Nazia Jabeen (Supreme Court, C.P. 240 of 2021, decided 5 October 2022), the Supreme Court held that the conditions in Mulla’s paragraphs 352 to 354 are not absolute and are subject to the welfare of the child. The mother’s second marriage did not by itself disqualify her, and the children’s own wish to live with their mother was taken into account.
• In Gul Sadem Khan v. Mst. Halima (PLD 2025 SC 47), the Supreme Court again held that remarriage does not automatically disqualify a mother and that poverty is not a valid ground to take children away from her.
• In Bat Khan v. Sherin Bibi (Supreme Court, C.P. 809-P of 2018, order dated 8 February 2019), the Court held that a mother’s poverty does not disentitle her to custody and that a jirga has no authority to decide custody.

The welfare of the minor is the paramount consideration in every custody case. Age limits and personal-law rules are guides, not iron rules.

Father’s rights: custody, guardianship and visitation

The father is the natural guardian of his children. After the mother’s period of hizanat ends (7 years for a boy, puberty for a girl), the father is ordinarily entitled to custody, again subject to the welfare of the child. But the Supreme Court in Gul Sadem Khan made clear that the father’s right is not absolute either. Courts may refuse custody to a father who, for example:

• is involved in crime or addicted to drugs or alcohol
• ;has maltreated the child or the mother in a way that affects the child
• ;lacks the capacity or means to look after the child; or
• has deliberately failed to pay maintenance.

Father’s visitation rights in Pakistan

A parent who does not have custody is almost always allowed to meet the child. The Guardian Court fixes a visitation schedule (often called a meeting schedule), for example on a weekend day in the court premises or at a neutral place, with extra time on Eid and during school vacations. Where the father lives abroad, courts may also allow video calls. If the custodial parent repeatedly prevents meetings, the court can take that into account when deciding custody.

Guardian Court procedure in Lahore: step by step

1. Which court: the petition is filed in the Guardian (Family) Court of the area where the minor ordinarily resides (Section 9, Guardians and Wards Act). In Lahore, these cases are heard at the Family Courts in the Sessions Court complex.
2. Petition: a father usually files under Section 25 for return of custody or Section 7 to be appointed guardian; a mother may file to retain custody, for meetings, or to be appointed guardian.
3. Interim custody and meetings: at the start, the court can pass an interim order under Section 12 on custody and on a temporary meeting schedule.
4. Written statement and evidence: both parents file their pleadings and produce evidence. The court may also interview the child privately, especially an older child.
5. Decision: the court decides on the welfare of the minor. Under the Family Courts Act, cases are expected to be decided within six months, though in practice many take longer.
6. Appeal: a final decision of the Family Court can be challenged in appeal before the District Court. Interim orders are generally not appealable. The decision of the appellate court can be challenged in a constitutional petition before the Lahore High Court in a proper case.

Child maintenance alongside custody

The father is bound to maintain his children, whether or not they live with him. A mother who has custody can claim the children’s maintenance in the Family Court, often in the same proceedings. Under Section 17-A of the Family Courts Act, as amended in Punjab, the court fixes interim monthly maintenance for the child at the defendant’s first appearance. If the defendant does not pay by the 14th of each month, his defence can be struck off, and unless the court fixes another rate, maintenance increases by 10 percent every year.

Can a parent take the child abroad?

Once custody or guardianship proceedings are pending, a child should not be taken out of the court’s jurisdiction without its permission. Under Section 26 of the Guardians and Wards Act, a guardian appointed or declared by the court cannot remove the ward from the court’s limits without its leave. Courts can also restrain a parent from taking the child abroad and direct that the child’s passport be deposited. Where a child has already been removed or is being kept unlawfully, the matter may need urgent proceedings before the Guardian Court or the Lahore High Court.

Custody of children of non-Muslim parents

The Guardians and Wards Act applies to children of every religion. For Christian, Hindu and other non-Muslim families, the court still applies the welfare test under Section 17, read with the personal law of the minor. The Muslim hizanat age rules do not automatically apply.

Habeas corpus and urgent recovery of a child

If a child has been snatched from the lawful custodian, a parent sometimes files a petition for recovery before the High Court under Section 491 of the Code of Criminal Procedure (or Article 199 of the Constitution). In such petitions the High Court usually decides only who should keep the child for the time being and leaves the final question of custody to the Guardian Court, which can record evidence.

Common mistakes in custody cases

• Delay: waiting years before seeking custody or meetings weakens the case. Courts notice unexplained delay.
• Unpaid maintenance: a father who has not maintained the child will find it harder to claim custody.
• Blocking meetings: a mother who stops all contact with the father can harm her own case.
• Settlements by jirga or panchayat: a jirga has no legal authority to decide custody.
• Taking the law into your own hands: snatching a child can lead to criminal proceedings and seriously damages the case.

Frequently asked questions

At what age can a child decide which parent to live with in Pakistan?

There is no fixed age. Under Section 17(3) of the Guardians and Wards Act, if the minor is old enough to form an intelligent preference, the court may consider it. Courts often speak to children of around 9 or 10 years and above, but the preference is one factor and does not bind the court.

Does the mother lose custody if she remarries?

Not automatically. The Supreme Court has held that remarriage does not by itself disqualify the mother; the court looks at the child’s welfare in each case.

Can the father get custody of a child under 7?

Yes, but only if the court is satisfied that leaving the child with the mother is against the child’s welfare, for example because of neglect or abuse.

How long does a custody case take in Lahore?

The law expects family cases to be decided within six months, but most custody cases take longer because of evidence and adjournments. Interim custody and meeting orders can be obtained much sooner.

Can grandparents claim custody?

Yes. Grandparents can apply to the Guardian Court, especially where a parent has died or is unfit. The mother’s mother and the father’s mother are next in line for hizanat after the mother.

Need a child custody lawyer in Lahore?

Muhammad Shafique Baloch, Advocate High Court, has practised before the Family Courts of Lahore and the Lahore High Court since 2006, handling custody, guardianship, meetings, maintenance, khula and divorce matters. See also our family lawyer in Lahore page.

Need a lawyer for this? See our service page: Family Lawyer in Lahore (custody, guardianship, khula, maintenance).

Muhammad Shafique Baloch, Advocate High Court
Office No. 3, Basement, Miccop Centre, 1 Mozang Road, near AG Office Chowk / Lahore High Court, Lahore
WhatsApp / Phone: 0321-4960782

This article provides general legal information about child custody and guardianship law in Pakistan as of October 2026. It is not legal advice; every custody case depends on its own facts. Consult an advocate before taking any step.