Determining the Custody of a Child in Pakistan

Abstract

The primary law on the custody of the child in Pakistan is contained in the Guardian and Wards Act, 1890. It has been in existence since aeon without substantial amendments over the period. Each parent goes to every extent to interpret the legal provisions to establish his/ her custody of the ward/ child. The lacunas in the legal provisions have resulted in far-reaching consequences for the ward. This article tends to focus on the deficiencies existing in the prevailing laws and traces the development in the legal framework on the subject. It highlights the pertinent factors concerning the custody of the ward that has been established by the judicial interpretation of the legal provisions on custody. The article concludes that the deficiencies need to be addressed within the legal boundaries while focusing on the welfare of the child.