Child Law and ‘Best Interest of the Child Principle’ in Custody and Guardianship Cases in Pakistan

Copyright © 2017 T.M.C. Asser Press and the authors. A general view prevalent in Pakistan based on classical Hanafi principles is that in cases of marital breakup the father is to be given custody of a male child at the age of seven and custody of a female child on her attaining puberty. However, the emphasis on the principle of the ‘best interests of the child’, as introduced in the Guardians and Wards Act 1890, remains a priority of the judges in Pakistan. This chapter traces the evolution and development of the best interests of the child principle in Pakistani child law. By including a review of judicial cases from 1997 to 2014, the chapter evaluates the application of this principle by the superior judiciary in Pakistan