Right of Hizanat in Pakistan

Right of Hizanat In Pakistan Child Age.

In Pakistani law, the child custody of a minor is given to the mother. This right is called as right of hizanat. But at the age of seven years, mother’s right over the son ends. However, it is not an absolute right, it is made in the interest of the boy. The custody of minor female child is explained below. Most Importantly, The right of hizanat in Pakistan comes under muslim laws.

Child Custody Lawyer In Pakistan.

A lawyer experienced in child custody cases, can help you get the custody arrangement. Which is in the best interest of child. Moreover, If you’re going through a divorce and you have children. Both work out a parenting plan. Which sets out custody and frequency of visits. Finally, If both cannot come to an agreement. Then child custody lawyer can file a petition in the guardian court.

Female Child Hizanat in Pakistan.

Girl’s custody is given to mothers until they attain puberty. Under Muslim Laws mother is not natural guardian of the minor. However, she has a right to the custody of the child, until the age of Hizanat. Most importantly, the conduct of the mother has great importance. If that is found objectionable she may not be given custody rights.

Father has the right of custody after the mother Hizanat term ends.  After the age of Hizanat, father has to file custody petition in the guardian court. Finally, there is no law of automatic transfer of child custody in Pakistan. Furthermore, In case of the absence of  parents, the grandparents are offered the custody of the child.

However, an important point is that irrespective of the customs or personal laws. Any parent who wants custody of a child. But cannot reach a settlement, has to seek custody from the Guardian Court. We have experience in Child custody/adoption Laws of Pakistan. If there is a similar case or need any help, please do not hesitate to contact us. In addition, we assist with free legal advice about child custody.

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Firstly, understand Mohammadan Law and Right of Hizanat in Pakistan. Child age, according to  Mohammadan Law by D.F. MuIla, Chapter-18 is on the subject of Guardianship of person and property. The sections 352 to 358 deals with the proposition of appointment of guardian of minors. Moreover, sections 359 to 368 are about proposition of appointment of guardian, for the property of minor.

Secondly, these sections reveal, that mother or female relative of minor, is not mentioned as qualified, to be appointed as “legal guardian of property”. In this chapter “mother” is entitled as only custodian (Hizanat) of her child to certain age, (section 352). Most importantly, even right of Hizanat is subject to fulfillment of certain conditions (section 354).

It is settled, according to Mohammadan Law. The mother of minor is not the natural guardian. When it comes to deal with the property of her minor children. In conclusion, mother can be de facto guardian of the person and property. Moreover, in term of section 361 of the Mohammadan Law, she has no power to transact the property of minors.

Finally, alienation of immovable property of minors is possible. But only by the persons, entitled to be appointed as legal guardians of property under section 359 of Mohammadan Law. Furthermore, subject to the conditions enumerated in section 362, ibid after obtaining the permission of the court in terms of section 362 ibid.

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Why Hire A Child Custody Lawyer In Pakistan.

If you are getting divorced and have children. Then part of the divorce agreement will involve determining, where and with whom the children will stay. In conclusion, a child custody lawyer can help negotiate custody, either by agreement or in the guardian court. 

The custodial parent (the one the child lives with) earns the legal right to make decisions. Which includes the child’s lifestyle, welfare, and education.

Some parents choose joint custody option. Therefore, children divide their time between both parents. Moreover, the parents share the right to make decisions on behalf of children. However, if parents are unable to agree on child custody. Then the court will make the decision.

Our family lawyers are experts in child custody, Guardianship Certificate,  Divorce certificate & Right of Visits.

17 thoughts on “Right of Hizanat In Pakistan Child Age”

  1. What is the period of custody of a minor MALE child with the mother, after divorce. Please guide according to the latest amended laws prevailing in Pakistan. I have seen various video clips on internet on this topic. Some lawyers say this period is seven years, while some claim it is eighteen years.
    I am in confusion. Kindly clarify.

      1. What about female child ?
        Needs to know exactly the age of custody handing over to father by mother.
        Puberty age, what is exactly age.

  2. Aoa. my dougter age is 6 years .her minther conttacted next marriage, howmany chances for me to get full custody? What is the law in pakistan plz

  3. Aoa. my dougter age is 6 years .her minther conttacted next marriage, howmany chances for me to get full custody? What is the law in pakistan plz

  4. Can a custody of a minor (male) below 7 years be given to a mother, who is suffering from such a decease, where a woman can neither move freely nor care herself. Secondly visitations in such cases is allowed, if ordered by family court. In that case will minor be moving from one place to another if one side journey is of 7-8 hours or the mother will be visiting his child below age of 7 years

  5. Hi
    If mother die while giving birth, who has legal right for a girl, is that Nani or father?

  6. Hi. After hizanat Rights will the court ask the male child for his free will to live with father or will the court only see the welfare of child to.stay with mother or father ?

  7. pakistan have no right law becouse lot off whomans are black mailing father aboute money and child pakistani law shud undestand what is right or bright futer fore mail kids ..but shit law in pakistan ..

  8. What does the law states about handing over the child to the maternal grandparents in case both father and mother got remarried with different people after the divorce? Is it possible to have the custody of female minor with maternal grandmother and what would be required to fulfill that?

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