The Lahore High Court Multan Bench has issued a significant nine-page judgment ruling that a minor over the age of 15 who resides with someone of her own free will cannot be forcibly placed into the custody of her parents or any other individual.
The decision emerged from a recovery petition filed by a father seeking the return of his 17-year-old daughter, who was residing with her maternal aunt.
During the legal proceedings, the teenager stated to the court that she chose to live with her aunt to escape domestic violence inflicted by her stepmother following her father’s second marriage.
While the case was being evaluated, the court had temporarily placed the girl in a Darul Aman shelter. The final ruling ordered her immediate release from the shelter, granting her the legal right to reside at the location of her choice.
In formulating the judgment, the High Court reviewed several statutory frameworks, including the Punjab Women Protection Act. The court noted that older children cannot be legally compelled to live with their parents against their desires. The written decision emphasizes that personal freedom is a fundamental constitutional and human right inherent to every citizen, rather than a concession granted by a community or parents.
The judgment outlines that respecting the autonomy of older children is both a legal and moral obligation. It further states that the institutional role of parenthood involves guidance and training rather than enforcing obedience through fear, pressure, or familial coercion.
According to the court’s findings, suppressing a child’s freedom through these methods contributes directly to psychological complications and the breakdown of the family structure.
