Mother can get custody of child after her second marriage, rules SC’s first female judge Ayesha Malik
The Supreme Court of Pakistan’s first female judge Ayesha Malik in her historic verdict said that, “the second marriage of the mother cannot bar her from the right to custody of children.”
Justice Ayesha Malik stated in a nine-page ruling on the custody of three children that the Supreme Court has frequently held that the welfare of the minor, or the best interests of the kid, should be the primary consideration.
The ruling stated, “The court’s jurisdiction in custody cases takes the form of parental jurisdiction, which means the court must consider all factors from the parents’ ability to provide for the child, including physical and emotional needs, and medical care. But also relevant is the parents’ ability to provide a safe and secure home where the quality of the relationship between the child and each parent is comforting for the child.
“In light of this, the concept of the child’s welfare is an all-encompassing term that will cover not only the way the child must be cared for but will also include the child’s physical, mental, and emotional well-being,” ruling added.
