Law in Pakistan on child custody

The Guardians and Wards Act 1890 uses the term “guardianship of the person” for custody and the term “guardian” for the custodian. Given the absence of express provisions that stipulate rules for custody, judicial precedents are resorted to in this regard. In 1972, in Juma Khan v. Gul Ferosha, the Peshawar High Court defined custody as actual or constructive possession for the purpose of protection. In 1988, in the case of Sultana Begum vs. Mir Afzal, the Karachi High Court defined custody as the “raising of a child by the mother or by someone legally authorized to have the child.” Custody of a child generally falls to the mother at her tender age; then it goes to her father. It is considered that for the well-being of the child he should be with the mother in her tender years so that the mother has preference over other relatives, including the father. Living with the person entitled to custody under Islamic law is presumed to be in the best interests of the child, but this presumption is rebuttable.