ISLAMABAD, PAKISTAN — The Supreme Court has stressed that all courts, particularly family courts and judges of the district judiciary, must hear and respect the voice of the child in matters relating to custody and guardianship.
In a recent judgment penned by Justice Syed Mansoor Ali Shah, the apex court asserted that this is not merely an aspirational objective but a binding legal obligation under the United Nations Convention on the Rights of the Child (CRC), to which Pakistan is a signatory.
“Children are not passive subjects in custody proceedings,” Justice Shah observed. “They are rights-bearing individuals whose dignity must be protected at every stage of the judicial process.”
The ruling was issued in a case involving the custody of two children, initially brought before a family court in Layyah by their mother, Dr Sana Sattar. While the lower court dismissed her application on July 14, 2023, it did establish a visitation schedule. Both parents then filed appeals, and the additional district judge granted custody to the mother, while allowing the father, Dr Muhammad Asif, visitation rights.
The father later challenged this decision in the Lahore High Court’s Multan bench, which dismissed the petition. He then approached the Supreme Court, where a two-member bench comprising Justice Shah and Justice Aqeel Ahmed Abbasi upheld the mother’s custody in a July 18 verdict. A subsequent review petition was also dismissed.
In the 12-page ruling, the court emphasised that the best interests of the children, especially a child with special needs, were served by remaining in the care of their mother. It acknowledged that while she is a working professional, this does not undermine her capacity to provide a nurturing and stable environment. “Rather, it reflects her resilience and commitment to her children’s well-being,” the judgment stated.
The Supreme Court directed both parties to strictly follow the visitation arrangements set by the lower appellate court. The custody will remain with the mother unless the father submits a fresh application, citing significant changes in circumstances, to a competent court.
Justice Shah further urged the judiciary to adopt a child-centred approach rooted in a comprehensive child justice framework. “Children involved in custody and guardianship disputes must be treated with dignity, heard, protected meaningfully, and empowered throughout the judicial process,” he wrote.
The court concluded by reminding the judiciary of its heightened responsibility in such matters. “Ensuring the best interests of the child demands going beyond procedural formalities to engage with each child’s unique vulnerabilities, developmental needs, and future potential,” the judgment stated.