Child Custody in Pakistan: Does a Mother Lose Custody After Khula or Remarriage?

No, this is **not true**. Under Pakistani law (governed by the **Guardians and Wards Act 1890**), the mother does not automatically lose custody of her minor children simply because she obtained a Khula or decided to remarry. Here are the key legal principles: 1. **Welfare of the Minor is Paramount:** The supreme and overriding factor for the Family Court is the **welfare, safety, and interest of the children**, not the rights of the parents. 2. **Hizanat (Custody of Minor):** By default, the mother has the right to physical custody (*Hizanat*) of: * Sons until they reach the age of 7. * Daughters until they reach puberty. 3. **Impact of Remarriage:** If a mother remarries, the father can file a petition for custody. However, the court **will not automatically take the children away**. The judge will evaluate whether the stepfather's home is safe, whether the children are happy, and whether the biological father can provide a better environment. 4. **Father's Duty of Maintenance:** The father remains legally responsible for paying monthly child maintenance (school fees, medical, food, clothing) even if the children live with the mother.