Child Custody Laws in AJK: Why the "Welfare of the Child" Trumps All

Navigating child custody battles is one of the most emotionally and legally taxing experiences a family can face. In a decision by the High Court of Azad Jammu & Kashmir (Shariat Appellate Bench), the court recently reaffirmed a vital legal principle: the welfare of the minor is the paramount consideration, overriding even strict traditional rules of custody.

If you are facing a complex family law dispute in AJK or Pakistan, understanding these evolving legal standards is crucial. Below, we break down the key takeaways from the case of Tania Kousar vs. Mohammad Nadeem and how the experts at BAK Chambers can protect your family’s interests.

Choosing Welfare Over Lineage

In the recent judgment (Family Appeal No. 69/2023), the High Court was asked to decide the custody of a minor, Amna Nadeem. The father, who was residing in Dubai, sought custody after the mother remarried. While a lower court initially granted custody to the father, the High Court set that decision aside, placing the child with her maternal grandmother.

1. The "Welfare" Test

The Court emphasised that in all custody matters, the moral, intellectual, physical, social, and educational well-being of the child is the overriding factor. The rights of fathers, mothers, or other guardians are always secondary to this fundamental principle.

2. The Voice of the Child

A significant factor in this case was the child's own preference. When questioned by the Court, the minor expressed a clear and repeated desire to remain with her maternal grandmother, with whom she had lived since birth. The Court noted that forcing a child to live in a household they do not know especially when a parent is living abroad is not in the child’s best interest.

3. Grandmothers and the Guardians and Wards Act

Under the Guardians and Wards Act, there is no automatic legal preference between a maternal and paternal grandmother. Both are considered close blood relatives, and the court will appoint whichever individual better serves the child's welfare. In this instance, the maternal grandmother was preferred because:

She had been the primary caregiver since the child's birth.

The child was thriving academically under her care, achieving 80% marks in school.

The father’s residence abroad made him unable to provide immediate, personal care.

How BAK Chambers Can Help You

Family law disputes involving international elements such as a parent living in Dubai or the UK require specialist legal knowledge that spans borders. BAK Chambers provides elite legal services tailored to the unique judicial landscape of Azad Jammu & Kashmir (AJK) and mainland Pakistan.

Our Expertise Includes:

Specialist Family Advocacy: Our team includes Barristers and Senior Supreme Court Advocates who understand how to present "welfare of the child" arguments effectively before the Shariat Appellate Bench and High Courts.

Cross-Border Representation: With a dedicated presence in Muzaffarabad and Lahore, we are uniquely positioned to assist clients who are residing abroad but have legal matters within the region.

Strategic Solutions: We focus on resolving legal matters "without borders," ensuring that distance does not hinder your right to a fair trial or your child's right to a stable home.

Protect Your Rights Today

Whether you are a parent seeking visitation or a grandparent fighting for custody, you need a legal team that combines local expertise with international standards.

Contact BAK Chambers for a consultation:

Phone: +92 3390 221621

Email: admin@bakchambers.com