Who Gets Child Custody After Khula Procedure In Pakistan?

Legal Framework for Child Custody

Child custody in Pakistan is governed primarily under the Guardian and Wards Act, 1890, and is handled by the Family Courts. The parent who obtains custody is referred to as the "custodian," while the other parent is typically granted "visitation rights."

In Islamic and Pakistani law, custody (Hizanat) is the physical guardianship of the child, whereas legal guardianship (Wilayat)—which includes decisions regarding education, travel, and finances—often remains with the father unless otherwise decided by the court.

General Rule of Custody After Khula

In most cases in Pakistan:

Custody of minor children—especially if they are very young or still breastfeeding—usually goes to the mother, unless she is found unfit.
Fathers are generally given visitation rights and, in some cases, legal guardianship even if the children live with the mother.

Age-Based Guidelines

Though not legally binding rules, courts often follow traditional age-related practices:

Boys: Custody usually remains with the mother until the age of 7 years.
Girls: Custody typically remains with the mother until puberty.

However, these are not strict rules, and the overriding consideration is always the “best interest of the child.”

Factors Considered by the Court

After Khula Procedure In Pakistan, if both parents seek custody of the child, the Family Court considers several factors before making a decision:

Welfare and Best Interests of the Child
This is the most important criterion. The court assesses who can provide a better living environment, education, healthcare, and emotional support.
Age and Gender of the Child
Younger children are often kept with the mother, particularly in their formative years.
Financial Stability
While financial capability is considered, it is not the sole deciding factor. A father’s wealth does not automatically grant him custody if the mother is otherwise a fit custodian.
Moral Character and Conduct
The court examines the moral character and personal conduct of both parents. Any history of abuse, neglect, or addiction can influence the decision.
Child’s Preference
If the child is mature enough (usually 9 years and above), their preference may be taken into account by the court.

Role of the Guardian Court

If there is a dispute over custody following Khula, either parent can file a Guardian and Wards application in the relevant Family or Guardian Court. The court will then conduct hearings, gather evidence, and issue a custody order. It may also appoint a court guardian or conduct interviews with the child, both parents, and possibly teachers or doctors.

Visitation Rights

Even if custody is granted to one parent—usually the mother—the other parent (usually the father) is entitled to regular visitation, unless there are valid reasons to deny it. The court may define the schedule, including weekends, holidays, and special occasions. Failure to comply with visitation rights can lead to contempt of court proceedings.

Misconceptions

A common myth is that a woman who obtains Khula loses her right to custody—this is false. The right to Khula and the right to child custody are treated as separate legal issues in Pakistani courts.

Conclusion

After a Khula, the question of child custody is determined by the Family Court of Hamza & Hamza Law Associates based on the best interests of the child, not on rigid rules or gender stereotypes. While mothers are often favored as custodians for younger children, custody can be awarded to either parent depending on the child’s welfare. Visitation rights, financial responsibilities, and the child’s well-being are all considered in a balanced legal process that aims to protect the future of the child above all else.

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Khula Procedure In Pakistan