Mother can get custody of child even after her second marriage, SC decides in landmark verdict

A mother’s second marriage cannot be used as a sole justification to deny her custody rights of her children, the Supreme Court of Pakistan ruled on Monday.

In a nine-page decision on the custody of three children, Justice Ayesha Malik noted that the Supreme Court has often ruled that the welfare of the minor, or the child’s best interest, is the most important factor to take into account.

“The court’s jurisdiction in custody cases is in the form of parental jurisdiction which means that the court must consider all factors from the parents’ ability to provide for the child including physical and emotional needs, and medical care but also relevant is the parents’ ability to provide a safe and secure home where the quality of the relationship between the child and each parent is comforting for the child,” the ruling observed.

“Accordingly, the concept of welfare of the child is an all-encompassing concept which will cover not only the manner in which the child has to be cared for but will also include the physical, mental and emotional well-being of the child.”