Tuesday, 4 September 2018

In case of second marriage, Guardianship does not transfer automatically

It is settled principle that a mother is not eligible for the custody of minor if she contracts second marriage. This principle is extracted from Islamic Shariah and is applicable on the courts of Pakistan. However, a fact is that the Guardianship Courts in Pakistan are governed by two statutes mainly. One of them is the Guardians and Wards Act, 1890 while the other is the West Pakistan Family Courts Act, 1964.

The West Pakistan Family Courts Act 1964 and the West Pakistan Family Courts Rules are the procedural laws governing the procedure of guardianship cases. Similarly the Guardians and Wards Act 1890 is the main enactment under which the Guardian Judges are bound to decide Guardianship Cases.

According to the provisions of the Guardians and Wards Act 1890 the Guardian Judge has to give paramount importance to the Welfare of Minor before deciding Guardianship Petition. That is the basic criterion.


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