High Court Rules Mother Cannot Be Denied Child Custody Over Second Marriage

The Peshawar High Court has ruled that a mother's second marriage alone cannot justify denying her child custody. It stressed that the child's welfare must outweigh either parent's claim. Justice Mohammad Naeem Anwar issued the ruling while deciding a custody petition filed by a father from Kohat. The bench rejected his custody request but upheld his visitation rights. In its eight-page order, the court said judges must consider the child's emotional bonds, education, settled environment and overall development. A mother's remarriage, it explained, cannot automatically determine the outcome. The parents separated after their marriage ended in 2018. Their son remained with his mother, who remarried in 2024. He later moved in with his maternal grandfather in Shakardara, Kohat. A trial court granted the father custody in October 2025. However, an appellate court overturned that decision in March 2026. The father then approached the high court. The bench noted that the boy, aged around nine to 10, had never lived with his father. Moving him abruptly could therefore disrupt his emotional security, schooling and daily routine. Both parents had also remarried. The court ordered that the existing custody arrangement continue unless a competent court directs otherwise. Meanwhile, initial father-son meetings will take place at the family court in Lachi, Kohat. The judge will set a workable schedule to help them build a relationship without unsettling the child. Both sides may jointly propose regular visits, including during school holidays.