The Lahore High Court (LHC) has dismissed a constitutional petition challenging the custody of a 12-year-old girl, ruling that a child’s informed and intelligent preference is decisive in custody matters and cannot be treated as a mere formality.
Justice Rasaal Hasan Syed held that under Section 17(3) of the Guardians and Wards Act, 1890, a child who has attained sufficient maturity has a legal right to express a custody preference, which courts must consider meaningfully.
The court stressed that the “voice of the child” lies at the heart of custody determinations.
During an in-camera interaction, the minor clearly stated her desire to live with her maternal grandmother, with whom she has resided since birth.
The court observed that the child appeared confident and articulate and felt emotionally secure with her grandmother, while expressing discomfort with her father due to perceived neglect.
The father had sought custody under Section 25 of the Guardianship and Wards Act. Although a Guardian Judge in Sialkot granted him custody in April 2023, the District Judge later set aside the order and entrusted custody to the maternal grandmother. Both parents have since remarried.
Upholding the appellate court’s decision, the LHC ruled that child welfare is a comprehensive standard that includes emotional, psychological, and developmental well-being, not just material comfort.
The court cited Supreme Court precedent, reaffirming that listening to a child is a constitutional and international obligation.
While maintaining custody with the maternal grandmother, the court directed the father to pay regular maintenance and ordered the trial court to finalise a workable visitation schedule to protect the child’s best interests.