The Lahore High Court (LHC) has rejected a father’s constitutional petition seeking custody of his children, ruling that their welfare takes priority over either parent’s preferential right.
In a nine-page written judgment, Justice Shireen Imran upheld the order requiring the father to pay Rs35,000 per month for each child, with a 10 percent annual increase.
The court said a parent cannot avoid responsibility for children’s expenses by citing financial difficulties or unemployment.
The judgment said courts deciding custody matters must consider children’s education, care, age and wishes. Their welfare includes emotional, psychological and educational needs as well as financial requirements.
Both children live with their mother and attend a private school. They also told the court they wanted to remain with her.
The court observed that the father had not presented solid evidence to justify transferring the children from their mother’s care. It said their views should be considered alongside the overall circumstances, rather than treated as the sole basis for a decision.
Citing Section 17 of the Guardians and Wards Act, the court said children’s welfare is the primary consideration in custody cases and takes precedence over either parent’s preferential right.
The LHC found no legal defect or misreading of evidence in the lower courts’ decisions. It rejected the father’s custody petition and maintained the existing visitation schedule.
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