High Court Rules Mother Cannot Be Denied Child Custody Over Second Marriage

In practice, the Peshawar High Court has ruled that a mother's second marriage alone cannot justify denying her child custody.

Key points

• LHC Orders Full Dower Payment in Case of Second Marriage Without Consent.
• Justice Mohammad Naeem Anwar issued the ruling while deciding a custody petition filed by a father from Kohat.
• According to The bench, the boy, aged around nine to 10, had never lived with his father.
• A trial court granted the father custody in October 2025.
• Initial father-son meetings will take place at the family court in Lachi, Kohat.

Justice Mohammad Naeem Anwar issued the ruling while deciding a custody petition filed by a father from Kohat. The bench rejected his custody request but upheld his visitation rights.

In its eight-page order, the court remarked judges must consider the child's emotional bonds, education, settled environment and overall development. A mother's remarriage, it explained, cannot automatically determine the outcome.

In practice, the parents separated after their marriage concluded in 2018. Their son remained with his mother. This person remarried in 2024. He afterwards moved in with his maternal grandfather in Shakardara, Kohat.

In practice, a trial court granted the father custody in October 2025. Nevertheless, an appellate court overturned that decision in March 2026. The father then approached the high court.

According to The bench, the boy, aged around nine to 10, had never lived with his father. Moving him abruptly could therefore disrupt his emotional security, schooling and daily routine. Both parents had additionally remarried.

Notably, the court ordered that the existing custody arrangement continue unless a competent court directs otherwise. Peshawar High Court Summons Quaid-e-Azam in Blocked CNIC Case.

Meanwhile, initial father-son meetings will take place at the family court in Lachi, Kohat. The judge will set a workable schedule to support them build a relationship without unsettling the child. Both sides may jointly propose regular visits, including during school holidays. Stay Connected with ProPakistani. Obtain the latest news and stories wherever you prefer. Follow on Google Discover. Follow on Google News Join WhatsApp. See more ProPakistani stories in Google Search and Top Stories.

For now, high Court Rules Mother Cannot Be Denied Child Custody Over Second Marriage remains the part of the story worth watching, and further updates are likely as more details are confirmed.