Mother’s 2nd Marriage Cannot Stop Her From Getting Custody of Children: SC

The Supreme Court (SC) of Pakistan declared on Monday that a mother’s second marriage can not be used as the only reason for denying her custody rights of her children.

Justice Ayesha Malik stated in a nine-page ruling on the custody of three children that the Supreme Court has frequently observed that the well-being and best interests of the minor are essential criteria to consider.

The decision stated that the court’s judgment in custody cases is in the form of parental authority, which implies that the judge should consider all factors ranging from the parent’s capacity to support the child, including emotional and physical needs, and medical treatment, but also the parents’ ability to make a secure and protected home where the quality of the child’s relationship with each parent is comforting for the child.

It stressed that custody cases are always delicate and necessitate considerable attention since the court must consider all aspects to establish where the children’s well-being resides. Circumstances vary in situations of remarriage and the complete living arrangement and surroundings must be examined in light of the child’s welfare while considering the welfare of the kid.

The best interests of the children, not the parents, are central to this judgment. As a result, the mother’s second marriage cannot be used to disqualify her from custody, the court announced in its verdict.