Second Marriage of Wife in Guardianship Cases

According to Islam and according to Pakistani legal system, a wife becomes dis-entitled for the Custody of minor children if she marries another man. However, a fact is that there is no automatic procedure by virtue of which she remain disqualified from entitlement of physical custody of children.

If father likes to claim guardianship of minor children, he has to approach the Guardian Judge and apply for guardianship/custody of minor along with providing proofs of second marriage of ex-wife. The Guardianship/Custody petition will be decided in accordance with law and with the due process of law.

The point is that the second marriage of wife is only a ground for dis-entitlement of wife from retaining physical custody of minor children. The husband still has to contest and has to prove to the court of law that the welfare or minor rests with him and minor is willing to live happily with him and not with the mother.

For more queries you can always drop an email at lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
International Family Attorney
+92-333-5339880