First we have to 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 the person of minors” and sections. 359 to 368 are on the proposition of appointment of “Guardian of the property of minor”.
These sections reveals that mother or for that matter any “female” relative of minor is not mentioned as qualified to be appointed as “legal guardian of property of minor”. In this chapter “mother” is entitled to only custody (Hizanat) of her child to certain age (section 352) and even that right of as Hizanat is subject to fulfillment of certain conditions (section 354).
It is settled law that according to Mohammadan Law, the mother of minor is not the natural guardian to deal with the property of her minor children. At the most, the mother can be de facto guardian of the person and property of a minor in term of section 361 of the Mohammadan Law, but she has no power to transact the property of the minors.
Alienation of immovable property of minors is possible only by A the persons entitled to be appointed as legal guardians of property under section 359 of Mohammadan Law subject to the conditions enumerated in section 362 ibid after obtaining the permission of the court in terms of section 362 ibid.
Right of Hizanat In Pakistan Child Age.
In Pakistan laws the child custody of a minor is given to the mother, this right is called as right of hizanat. But after the age of seven years, the mother’s right over the son ends however it is not an absolute right; it is made in the interest of the boy.
Female Child Hizanat in Pakistan.
Girls are given to mothers until they attain puberty. Under Muslim Laws mother is not natural guardian of the minor, she has a right to the custody of the child , until the age of Hizanat. One important aspect of this law is that the conduct of the mother is of great importance, and if that is found objectionable she may not be given custody rights.
The father has the right to custody after the mother Hizanat term ends by the court of law. After the age of Hizanat father have to file custody petition in the guardian court.There is no law of automatic transfer of a child custody in Pakistan. In case of the absence of both parents, the paternal grandparents are offered the custody of the child.
However, an important point to be noted is that irrespective of the customs or personal laws, any parent who wants custody of a child and cannot reach a settlement has to seek custody from the Guardian Court.
we are experience in Child custody Laws in Pakistan and child adoption. If you do have a similar case or need any help regarding the same then please do not hesitate to call us or contact us .we will be happy to assist you with free legal advice on your child custody or adoption case.
Team of family lawyer of Law Society Pakistan handles child custody cases with the delicacy and commitment. Which is in the best interest of the children in question. With our vast experience in family laws, our family lawyer knows that separation / divorce proceedings can become complicated, heated and unpleasant where child custody is involved.
For this reason, we take child custody hearings very seriously and are advocate for the children just as much as for the parents involved in the dispute over their well-being. Our expansive knowledge and experience in family law allows us to practice around facts, integrity and the assurance that we are doing what is best for the child’s future.
What a Child Custody Lawyer Can For You In Pakistan.
A lawyer experienced in child custody cases can help you get the custody arrangement that’s in the best interests of your child. If you’re going through a divorce and you have children, you and your spouse must work out a parenting plan that sets out custody and the frequency of visitation.
If you and your spouse cannot come to an agreement, then your child custody lawyer can file petition on your behalf in the guardian court.
Why Hire Child Custody Lawyer In Pakistan.
If you are getting divorced and have children, part of the divorce agreement will involve determining where and with whom the children will live. A child custody lawyer can help you 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 regarding the child’s lifestyle, welfare, and education.
Some parents opt for joint custody, which means children divide their time between both parents homes, and parents share the right to make decisions on behalf of the children. If you as parents are unable to agree on child custody, a judge will decide for you.