ISLAMABAD (Dunya News) - The Federal Constitutional Court has dismissed a petition seeking custody of a nine-year-old child in favour of the paternal uncle and aunt, ruling that custody cannot be altered solely on the basis of the mother’s second marriage.
The case was heard by a three-member bench headed by Justice Hassan Azhar Rizvi at the Federal Constitutional Court.
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During the proceedings, Justice Hassan Azhar Rizvi questioned why the uncle and aunt were seeking custody of the child and whether they had ever asked about the child’s education and welfare.
The counsel for the petitioner argued that the mother had contracted a second marriage. In response, the judge remarked that custody cannot be changed merely on this ground.
The lawyer further informed the court that the mother had sold the child’s share received from the father.
The court, however, maintained that custody matters must be decided in the best interest of the child and rejected the petition.